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HANCHATE SANJEEVKUMAR
National Insurance Company Limited – Appellant
Versus
Karnataka State Road Transport Corporation, Transport House, Central Office, K. S. R. T. C, Bangalore Rep By Its Divisional Manager, Tumkur Division, Tumkur – Respondent
JUDGMENT :
This appeal is filed by the Insurance Company challenging the Judgment and Award dated 14.03.2012 passed in MVC No.1001/2008, on the file of the Addl. Senior Civil Judge and MACT-XI at Tumkur, on the ground that the liability of the Insurance Company is only Rs.6,000/- towards damage caused to the property of third party.
2. Brief facts:
When the bus bearing Registration No.KA-06-F-0135 was plying from Sira to Soregunte, on 19.12.2006 at 10.00., near Managi gate, the driver of the bus stopped the bus at the bus stop. A lorry bearing Registration No.TN-24-A-7569 came from behind in a rash and negligent manner and dashed the bus, as a result, the rear left side of the bus was completely damaged. The owner of the bus was earning Rs.4,000/- per day by plying the bus. As a result of the damage, the bus was idle for four days in the workshop, resulting in loss of revenue of Rs.16,000/-. Further, repair costs was about Rs.12,105. Hence, it is submitted that there is total loss of Rs.28,105/- and prayed for compensation of Rs.28,105/-.
Respondent No.1 is the owner and Respondent No.2 is the Insurance Company. The policy is a package policy. Hence, the Tribunal held that the Responde
Under a package policy, the liability of the Insurance Company is unlimited, as per the provisions of Section 147(2) of the Motor Vehicles Act.
Insurance companies are liable to compensate the insured for the payment of compensation to the occupant of the insured vehicle under a package policy, irrespective of the terms and conditions of the....
Insurer's liability for third-party property damage is capped at Rs.6,000 under Section 147(2)(b) of the Motor Vehicles Act, 1988.
The liability of an Insurance Company for a third party under Section 95(2)(i) is restricted to Rs.50,000/-, as interpreted by the court.
An insurance policy labeled as 'Private Car Liability Only' does not cover occupants unless a premium is charged for their risk, thus limiting the insurer's liability.
Insurance liability is limited to the number of passengers as specified in the vehicle's registration, and insurers are not obligated to cover claims for unauthorized passengers.
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