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J. C. DOSHI
New India Assurance Company Limited – Appellant
Versus
Harjibhai Indubhai Mudhva – Respondent
JUDGMENT :
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred by the appellant – Insurance Company being aggrieved and dissatisfied with the judgment and award dated 05.05.2009 passed by the Motor Accident Claims Tribunal, Ahmedabad in Motor Accident Claim Petition No.1130 of 2005.
2. Brief facts of the case are as under :
2.1 The brief fact of the present appeal is such that on 05.09.2005, the claimant was going to village Gadhda in Tempo No.GJ-4-V-3769 along with gunny begs, at that time opponent No.1 was driving the said Tempo in rash and negligent manner. When they reached within limits of Gadhda Police Station, the opponent No.1 swerved the tempo driven by him and collided with oncoming Tempo No.GI-1X-5765 of opponent No.3. As a result, the accident took place and claimant Bhotabhai Bharwad received severe injuries. In order to get compensation, the claimant has filed aforestated claim petition under Section 166 of the Motor Vehicle Act, 1988 claiming compensation of Rs.15,00,000/- along with interest and cost. The learned Tribunal vide impugned judgment and award dated 05.05.2009 has granted compensation to the tune of Rs.7,37,800/- ag
The court established that a claimant traveling with goods in a commercial vehicle is covered under the insurance policy, and the burden of proof lies with the insurer to demonstrate otherwise.
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....
Gratuitous passengers in goods vehicles are not covered by standard insurance policies unless additional premiums are paid, rendering previous rulings on liability inapplicable.
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....
Insurers are not liable for gratuitous passengers in goods vehicles under the old Motor Vehicles Act provisions, as clarified by the Supreme Court.
The main legal point established in the judgment is that the insurance company is not statutorily required to cover the liability for an unauthorised passenger in a goods vehicle, based on the interp....
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 is not liable to cover the risk of passengers traveling in a goods carriage vehicle under the Motor Vehicles Act.
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