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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Branch Manager, Chola Mandalam M.S. General Insurance Company Limited – Appellant
Versus
Maina Bai, W/o. Late Shri Ramadhin – Respondent
| Table of Content |
|---|
| 1. court's examination of previous case law and principles. (Para 9) |
| 2. ruling affirms liability under the 'pay and recover' principle. (Para 10) |
JUDGMENT :
1. The appellant Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question legality, validity and correctness of the impugned award dated 18-1-2022 passed by the 1st Additional Motor Accident Claims Tribunal, Rajnandgaon in Claim Case No.183/2016, by which liability to pay a total compensation of Rs. 11,04,634/- has been fastened upon the Insurance Company.
3. Mr. Ghanshyam Patel, learned counsel appearing for the appellant herein/Insurance Company, would submit that the Claims Tribunal is absolutely unjustified in fastening liability upon the Insurance Company, as the deceased was admittedly, travelling in the goods vehicle and as per the insurance policy Ex.D-1, only driver was covered and third party was also covered, however, the deceased was not covered which has also been proved by Mitesh Kumar (NAW-1), Assistant Law Officer, Chola Mandalam M.S. General Insurance Company Limited, who has clearly stated that only driver and their goods were insured and oth
Liability of insurers for gratuitous passengers in goods vehicles established through the 'pay and recover' principle.
The main legal point established in the judgment is that the Insurance Company is not liable to indemnify a gratuitous passenger on board a goods vehicle unless the passenger is the owner of the good....
The main legal point established in the judgment is that the Insurance Company cannot be held responsible for the compensation of unauthorized passengers in a goods vehicle when the risk is not cover....
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.
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....
Insurer of goods carriage not liable for gratuitous passengers' death/injuries; no 'pay and recover' direction by Tribunal, as lacks Supreme Court's Article 142 power.
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.
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