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HEMANT M. PRACHCHHAK
Oriental Insurance Co. Ltd. – Appellant
Versus
Ranjanben Motisinh Kher – Respondent
JUDGMENT :
1. The present group of appeal is filed by the Oriental Insurance Company Limited against the common judgment and order dated 29.9.2006 passed by learned Motor Accident Claims Tribunal, Bharuch in Motor Accident Claims Petition Nos. 508 to 210 of 1997 and 521 to 528 of 1997 arising from one accident. In the said group of petition the learned Tribunal has partly allowed the claim petitions of the original claimants and directed the insurance company to initially satisfy the claim of the original claimants and subsequently, recover from the owner of the offending vehicle involved in the accident.
2. Since present group of appeal arising from one accident and also from the common judgment passed by the learned Tribunal, all these appeals are decided by this common judgment.
3. The short facts giving rise to present appeals are as under:
3.1 On the day of the accident i.e. on 18.4.1997, the group of persons were travelling in the Tractor-Trolley being registration No. GJ-5-AA-9027 for attending a religious ceremony at Devmogra temple.
3.2 At that time, the Tractor-Trolley met with an accident and turned turtle. As a result of which three persons died and eight persons suffer
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 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 cannot be held liable for compensation when a passenger is traveling in a tractor.
The main legal point established in the judgment is that the insurance company is not liable to pay compensation for the death of a gratuitous passenger in a goods vehicle.
The main legal point established in the judgment is the liability of the Insurance Company under Section 147 and Section 149 of the Motor Vehicles Act for compensation in the case of gratuitous passe....
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