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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
SHIVASHANKAR AMARANNAVAR
Divisional Manager, The United India Insurance Co. Ltd. – Appellant
Versus
Devendrappa @ Devindra, S/O Shivappagouda Biradar – Respondent
| Table of Content |
|---|
| 1. rash and negligent driving leading to injuries. (Para 2 , 3) |
| 2. insurance company's argument on violation of policy. (Para 4 , 8 , 9) |
| 3. liability under comprehensive insurance policy. (Para 6 , 10 , 11) |
| 4. judicial precedent supporting comprehensive policy coverage. (Para 12) |
| 5. appeal dismissed, upholding tribunal's decision. (Para 13) |
JUDGMENT :
SHIVASHANKAR AMARANNAVAR, J.
This appeal is filed by the insurance company challenging the judgment and award dated 15.03.2019 passed in MVC.No.597/2017 by the Senior Civil Judge and MACT-VIII, Muddebihal.
2. Respondent No.1 is claimant and respondent No.2 is owner of the vehicle, which was insured with appellant – insurance company.
3. The facts leading to filing of claim petitions are as under:-
That on 28.12.2015 respondent No.2 along with respondent No.1 -Devendrappa Biradar, Shahebgouda Choudari, and others were traveling in Cruiser Jeep bearing its Reg.No.KA-23-M-9319 belonging to respondent No.2 to visit his grand-mother at Karibavi village from Sasanur. At about 06.00 a.m. when they were on Talikoti – Balaganur road near the land of Sri. Hanchate, respondent No.2 being the driver of the said vehicle drove the same in a r
A comprehensive insurance policy under the Motor Vehicles Act covers both paid and gratuitous passengers, and insurers cannot deny liability based on passenger status.
The main legal point established in the judgment is that the liability of the Insurance Company under an 'Act Policy' does not extend to the risk of occupants/passengers in a vehicle unless additiona....
The main legal point established is that the insurance company is not liable to pay compensation for a gratuitous passenger if there is no insurance coverage for passengers, even if the vehicle has v....
Passengers in a private car, which is not used for carrying passengers for hire or reward are not third parties vis-a-vis said 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....
Insurers are not liable for gratuitous passengers in goods vehicles as they are not covered under policy terms, affirming the 'pay and recover' principle.
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