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S. V. PINTO
New India Assurance Co. Ltd. – Appellant
Versus
Heirs Of Decd. Chandulal Lakhmanbhai- Lakhmanbhai Nagjibhai – Respondent
| Table of Content |
|---|
| 1. accident details and claim initiation (Para 1 , 2) |
| 2. insurance company's denial based on terms (Para 3 , 5) |
| 3. tribunal’s finding on negligence (Para 4 , 6 , 7 , 9) |
| 4. evidence evaluation regarding passenger status (Para 8 , 10 , 11 , 12 , 13) |
| 5. judicial interpretation of insurance liability (Para 14) |
| 6. conclusion exonerating insurance company (Para 15) |
| 7. order for tribunal's record return (Para 16) |
JUDGMENT :
S.V. Pinto, J.
1. This first appeal has been filed by the appellant-original opponent No.2 – Insurance Company against the respondent No. 1 & 2- original claimants and the respondent no.3 - original opponent No. 1 under Section 173 of the MOTOR VEHICLES ACT ,(‘The Act’, for short) against the judgment and award passed by learned M.A.C.Tribunal (Main), Junagadh in Motor Accident Claim Petition No. 247 of 1998 on 23.06.2011. The parties are hereinafter referred to as the claimants and the opponents as they stood in the original petition for the sake of convenience, clarity and brevity.
2. The brief facts that emerge from the record of the case are as under:-
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 absence of goods in the vehicle at the time of the accident does not preclude a person from being treated as the owner of the goods, and the violation of policy conditions must be substantiated w....
Insurers are not liable for gratuitous passengers in goods vehicles under the old Motor Vehicles Act provisions, as clarified by the Supreme Court.
Point of law: Motor Accident claim - status of the petitioner already found as a gratuitous passenger and therefore the company has no liability to indemnify the insured and as such the company is en....
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.
Claimant had not been travelling in vehicle as owner of goods, he shall not be covered by policy of insurance.
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 ....
Insurers are not liable for injuries to gratuitous passengers in goods vehicles under the M.V. Act, as established by the Supreme Court.
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