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HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
MINOR RASIDA AMAD THROUGH HER GUARDIAN - FATHER AMAD KADAR – Appellant
Versus
SALIM UMAR ARAB – Respondent
ORDER :
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 is preferred by the appellant – original claimant being aggrieved and dissatisfied with the judgment and award dated 21.4.2009 passed by the Motor Accident Claims Tribunal, Rajkot in Motor Accident Claim Petition No.1511 of 1999.
2. The brief fact of the present appeal is such that on dated 27/4/199, the applicants were traveling on Rickshaw No.GJ-11V-571, at that time Driver of Rickshaw had driven the vehicle in rash and negligent manner without observing traffic rules, with excessive speed and caused accident and as a result, the appellant sustained serious injures and therefore, the appellant claimant has filed claim petition claiming compensation of Rs.4 lakh and the learned Tribunal vide its impugned judgment and award, awarded Rs.1,03,2000/- recovered from the opponent Nos.1 and 2 jointly and severally.
3. Learned advocate for the appellant would submit that as per the pleadings and as per the evidence on record, the claimant was travelling in the errant vehicle as unauthorized passengers. He would further submit that this contention is raised in the pleadings as well as in the oral evidence by th
Insurance companies are not liable for claims involving unauthorized passengers in goods vehicles, as established by precedent.
Gratuitous passengers in goods vehicles are not covered by standard insurance policies unless additional premiums are paid, rendering previous rulings on liability inapplicable.
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
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 indemnify a gratuitous passenger on board a goods vehicle unless the passenger is the owner of the good....
Insurance company liability to pay compensation initially when deceased is a gratuitous passenger in a goods vehicle.
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....
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