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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
SBI General Insurance Company Limited – Appellant
Versus
Hema Pegu @ Mishong W/o Late Monus Misang @ Monoj Mishong – Respondent
| Table of Content |
|---|
| 1. compensation awarded to claimants (Para 2) |
| 2. objection regarding gratuitous passenger status (Para 3 , 4) |
| 3. supreme court's relevant precedent (Para 5 , 6 , 7) |
| 4. appeal dismissed, directing insurer's payment (Para 8) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. T. Kalita, the learned counsel appearing on behalf of the appellant.
2. This is an appeal filed under Section 173 of the MOTOR VEHICLES ACT , 1988 challenging the judgment and award dated 29.01.2025 passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M) at Guwahati (hereinafter referred to as, “the learned Tribunal”) in MAC Case No. 1899/2017 whereby the claimants have been awarded a total compensation of Rs. 16,92,000/- along with interest at the rate of 9% per annum from the date of filing of the claim petition.
3. Mr. T. Kalita, the learned counsel appearing on behalf of the appellant submitted that the only ground of objection so taken in the instant appeal is that the deceased was not a labourer of the tractor nor the authorized representative of the company and as he was travelling as a gratuitous passenger, the learned Tribunal could not have directed the Appellant Insurance Comp
An insurance company can be directed to pay compensation to claimants and recover the amount from the vehicle owner, even if the deceased was a gratuitous passenger.
Insurers can be directed to pay compensation for gratuitous passengers if additional premiums are paid, despite an Act only policy limiting liability.
Insurance company liability to pay compensation initially when deceased is a gratuitous passenger in a goods vehicle.
The insurance company is liable to pay compensation to claimants-appellants if the deceased was travelling as a gratuitous passenger, and the company can then recover the same from the driver and own....
The main legal point established in the judgment is the application of the principle of 'pay and recover' in specific circumstances and the exercise of plenary powers under article 142 of the Constit....
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