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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.S. BHANUMATHI
New India Assurance Company Limited – Appellant
Versus
Ravanaiah – Respondent
| Table of Content |
|---|
| 1. claimant's injury detailed. (Para 1 , 2 , 3) |
| 2. dispute over liability and compensation. (Para 4 , 7) |
| 3. court's analysis of insurance liability. (Para 5 , 6 , 8 , 10 , 11) |
| 4. results in setting aside initial tribunal ruling. (Para 12 , 13 , 14) |
JUDGMENT :
This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (in short ‘the Act’) against the award and decree dated 04.10.2005 in M.V.O.P.No.166 of 2003 on the file of the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Tirupati.
3. The case of the claimant is briefly as follows:
b. The respondent No.1 remained ex parte
d. The claimant was examined as P.W.1 and following documents were marked on behalf of the claimant:
On behalf of the respondent No.2, xerox copy of the policy was marked as Ex.B1.
5. Aggrieved by the award and decree this appeal was filed by the respondent No.2 / insurance company, mainly on the ground that it is not liable to indemnify the respondent No.1 since the policy does not cover its liability to a gratuitous passenger travelling in goods vehicle which is a lorry in the present case. Further, the appellant challenged the quantum of compensation and the rate of intere
An insurance company is not liable to indemnify for claims involving gratuitous passengers not covered under the policy as per statutory provisions.
The insurance company is not liable for the death of a gratuitous passenger in a goods vehicle, and the Tribunal's pay and recover principle is valid.
The insurer is not liable for compensation if the claimant is a gratuitous passenger in a goods vehicle.
The main legal point established in the judgment is that the insurance company is not liable to pay compensation for unauthorized passengers in goods vehicles, based on the interpretation of relevant....
Gratuitous passengers in goods vehicles are not covered by standard insurance policies unless additional premiums are paid, rendering previous rulings on liability inapplicable.
Point of Law : Insurance Company was directed to pay compensation even for gratuitous passenger considering circumstances of this case under the “Doctrine of Pay and Recover” from the driver and owne....
It is made clear that since according to the Insurance Company, claim petitions filed by other persons travelling in same vehicle in which claimant was also travelling have been dismissed for default....
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