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MAUNA M. BHATT
United India Insurance Co. Ltd. – Appellant
Versus
Punjabhai Mangalbhai Solanki – Respondent
JUDGMENT :
1. This appeal, under Section 173 of the Motor Vehicles Act, 1988 (‘the Act’ for short), is filed by the Insurance-Company as appellant, challenging the judgment and award dated 08.03.2007, of the Motor Accident Claims Tribunal (Auxi.) Fast Track Court No.11, Kheda at Nadiad in the Motor Accident Claims Petition No.349 of 1996, wherein the Tribunal awarded total compensation of Rs.1,62,500/- with interest at the rate of 9% per annum from the date of filing of Claim Petition till realisation with proportionate costs. The Tribunal further in the judgment and award dated 08.03.2007, directed the Insurance Company to first pay the amount of compensation and then permitted to recover from the owner of the vehicle involved.
2. In this appeal, appellant is the Insurance Company with whom the vehicle in question was insured at the relevant time. Respondent Nos.1, 2 and 3 are the original-claimants and respondent 4 is a driver-cum-owner of vehicle No.GJ-7X-2432.
3. The facts emerging from the record of this appeal are as under :
On 18.02.1996, Natubhai Punjabhai (hereinafter referred to as ‘deceased’) was travelling in Chhakdo Rickshaw No. GJ-7X-2432, at that time, the vehicle (Ch
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.
Insurance companies are not liable for injuries to unauthorized passengers traveling in goods vehicles, as per amendments to the Motor Vehicles Act and relevant case law.
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....
The liability of the insurer under a statutory policy is restricted to indemnify the insured in respect of claims made by third parties and the owner of goods or their authorized representatives who ....
An Act Policy does not cover the risk of gratuitous passengers in a private car, and the principle of pay and recover is not applicable in such cases.
The main legal point established in the judgment is that the Insurance Company is not liable to cover the risk of passengers traveling in a goods carriage vehicle under the Motor Vehicles Act.
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