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C. M. JOSHI
Branch Manager, National Insurance Co. Ltd. – Appellant
Versus
Vijay Praveen Cutinha – Respondent
JUDGMENT :
C.M. Joshi, J.
Being aggrieved by the judgment and the award passed by the learned III Addl. Senior Civil Judge and JMFC Mangaluru, D.K. in MVC.No.1723/2012 dated 22.06.2016, the respondent No.2-National Insurance Company Limited as well as the petitioner have approached this Court in appeal.
2. The brief facts are as below:
That on 05.07.2012 at about 3.00 p.m., when the petitioner was proceeding to the work site as per the direction of the employer, from Falneer towards Adyaru in Tata Magic Tempo bearing No.KA-21-N-2148, the said tempo was driven by its driver in rash and negligent manner and at Adyarukatte on NH-75 dashed to the hind side of the bus bearing No.KA-19-D-4505. Due to the said impact, the petitioner sustained grievous injuries and immediately shifted to Father Muller Hospital. The Petitioner was admitted as inpatient in the hospital from 05.07.2012 to 01.08.2012. The petitioner was discharged from the hospital with an advice to take bed rest and follow up treatment. The petitioner had spent a sum of Rs. 1,00,000/- for medical expenses and further requires Rs. 50,000/- for future medical expenses. The petitioner was hale and healthy at the time of accident and
A comprehensive/package insurance policy covers the risks of all vehicle occupants, including employees, regardless of additional premium payment for inmate coverage.
Motor Accident – Liability of Insurance Company - When vehicle is insured by Company, insurer is liable to pay compensation in case of "comprehensive/package policy" but not in case of "Act policy".
The court affirmed that an employee traveling in a Goods Auto Rickshaw is covered under the insurance policy, and compensation must reflect the claimant's permanent functional disability.
Insurance companies are not liable for employee injuries in vehicles unless additional premiums are paid for coverage under the policy.
The main legal point established in the judgment is that the nature of the insurance policy and its exceptions determine the coverage of third party risk, and the court's decision is influenced by th....
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