Back
HEMANT M. PRACHCHHAK
Oriental Insurance Co. Ltd. – Appellant
Versus
Meraman Dana Harijan – Respondent
JUDGMENT :
1. The present appeal is filed by the Oriental Insurance Company Limited against the judgment and award dated 6.10.2006 passed by the learned Motor Accident Claims Tribunal (Aux) Fast Track Court No.4, Gadhidham-Kutchchh in M.A.C.P. No.441 of 1999 whereby the learned Tribunal has partly allowed the claim petition by awarding Rs.4,16,000/- with the interest @ 9% and held both the insurance companies as 50% liable to pay the compensation to the claimants.
2. The brief facts giving rise to the present First Appeal are as under:
2.1 On 9.1.1994 when the deceased was travelling in Motor Vehicle Tempo bearing registration No.GRP-5506 with his luggage from Samkhiali to Surajbari at about 13-45 O’clock when they reached near Samkhiali Morbi Road, at that time Truck No. GJ-3-T-2482 driven by opponent No.1 came in rash and negligent manner and dashed and collided with the tempo. Due to said accident, the deceased sustained serious injuries and subsequently succumbed to the injuries.
2.2 The claim petition was filed by legal heirs of the deceased against the opponents for Rs.5,93,000/- towards compensation for the unfortunate death of the deceased in a vehicular accident.
2.3 The Tribun
The main legal point established in the judgment is the determination of liability of insurance companies based on the status of the claimants as gratuitous passengers, as defined in the relevant sec....
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 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 court reaffirmed that insurance companies are liable to indemnify victims injured in goods vehicle accidents, even where passengers exceed policy limits, unless such violations are fundamental.
The main legal point established in the judgment is that the insurance company can recover compensation from the owners of the offending vehicle after payment of compensation to the claimants if the ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
