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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Oriental Insurance Company Limited, Rep. By its Regional Manager – Appellant
Versus
Bhanita Rabha, W/o. Late Samar Rabha – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. R.C. Paul, the learned counsel representing the appellant Insurance Company as well as Mr. H. Das, the learned counsel appearing for the respondents.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment dated 15.06.2020 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No.344/2016.
3. On 08.01.2016 at about 3.30 P.M., the deceased Samar Rabha was travelling as a passenger in a Maruti Car bearing Registration No.AS-06-C-1226. The car was driven by Shri Ritu Parna Phukan. When the car reached Nobilabori under Matia Police Station, it met with an accident. Samar Rabha sustained serious injuries. He was taken to Dudhnoi Civil Hospital, where he succumbed to his injuries. Upon the accident, police registered the Matia P.S. Case No.08/2016. The deceased Samar Rabha was 35 years old and was earning an amount of Rs.15,000/- per month.
4. The Insurance Company had contested the case by filing a written statement. The driver Ritu Parna Phukan also contested the case by filing written statement. He claimed that the accident took place not because of his rash and negligent driving. H
Insurance policies prohibiting the carrying of passengers do not exempt liability if the policy holder fails to prove commercial intent in a case of passenger injury.
The Insurance Company is liable for compensation due to valid coverage and use of the insured vehicle in a fatal accident involving unauthorized passenger transport.
The insurance company's liability to compensate was affirmed, determining that the deceased was a helper covered under the policy, contrary to the lower court's ruling.
Court determines shared liability between vehicles involved in accident, holding insurance for both liable for compensation under Motor Vehicles Act.
Validity of insurance policy and coverage of passengers under the Motor Vehicles Act.
Validity of insurance policy and liability of the Insurance Company to pay compensation under the Motor Vehicles Act, 1988.
The insurance company is not liable for the death of a gratuitous passenger in a goods vehicle, and the Tribunal's pay and recover principle is valid.
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