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J. C. DOSHI
Jorjibhai Bhurabhai Makwana Decd. Thro'his Heirs – Appellant
Versus
Shantilal @ Satishkumar Bhogilal Damor – Respondent
JUDGMENT :
1. In claim petition No.1225 of 1988, by judgment and award dated 27.2.2001, learned MACT, Panchmahal @ Godhra assessed compensation of Rs.2,50,000/- with proportionate cost and running interest at the rate of 9% p.a. from the date of filing the claim petition till realization only against the driver and owner of the offending truck, and exonerated the insurance company. Being aggrieved by exoneration of the insurance company from liability to pay compensation, the appellants – original claimants have preferred this First Appeal u/s 173 of the MV Act.
2. Brief facts of the case are as under:-
2.1 On 10.11.1988 at about 11:15 a.m. near Tandi crossing on Limkheda Jhalod Highway with motor truck No.GRY 4634 due to rash and negligent driving driving of the original opponent No.1 turned turtle and due to which, deceased Jorjibhai Bhurabhai, who was travelling in said truck with their goods, died.
3. Learned advocate Ms. Sneha Joshi for the appellants would submit that the learned Tribunal has grossly erred in exonerating the insurance company. She would further submit that the learned Tribunal has incorrectly applied the judgment of the Hon’ble Apex Court in case of Mallawwa Vs.
Insurers are not liable for gratuitous passengers in goods vehicles under the old Motor Vehicles Act provisions, as clarified by the Supreme Court.
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.
Insurers are not liable for injuries to gratuitous passengers in goods vehicles under the M.V. Act, as established by the Supreme Court.
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....
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....
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 ....
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