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JOHNSON JOHN
Manager United India Insurance Company Ltd. – Appellant
Versus
Rajappan – Respondent
JUDGMENT :
JOHNSON JOHN, J.
The 2nd respondent insurance company in O.P. (MV) No. 1267 of 2012 on the file of the Motor Accident Claims Tribunal, Attingal filed this appeal challenging the order of the Tribunal directing the 2nd respondent insurance company to pay the compensation amount awarded to the claim petitioner and thereafter, to recover the same from the 1st respondent owner of the vehicle.
2. According to the claim petitioner/injured, he is a coolie worker and at the time of the accident, he was accompanying the goods in the pick up autorickshaw and because of the rash and negligent driving of the vehicle by the 1st respondent, it overturned and thereby the claim petitioner sustained serious injuries.
3. Before the Tribunal, Exhibits A1 to A5 were marked from the side of the claim petitioner and Exhibit B1, copy of the policy of insurance, was marked from the side of the 2nd respondent.
4. After trial and hearing both sides, the Tribunal found that the 2nd respondent insurance company is liable to pay compensation to the claim petitioner with liberty to recover the amount from the 1st respondent owner of the vehicle.
5. Heard the learned Standing Counsel appearing for the appel
Gratuitous passengers in goods vehicles are not covered by standard insurance policies unless additional premiums are paid, rendering previous rulings on liability inapplicable.
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....
Insurers are not liable for gratuitous passengers in goods vehicles as they are not covered under policy terms, affirming the 'pay and recover' principle.
The main legal point established in the judgment is that the insurance company is not liable to pay compensation for the death of a gratuitous passenger in a goods vehicle.
Insurance companies are not liable for claims involving unauthorized passengers in goods vehicles, as established by precedent.
The insurer is not liable for compensation if the claimant is a gratuitous passenger in a goods vehicle.
The court established that an insurance company may be required to pay compensation to claimants even if there is a breach of policy conditions, provided the circumstances warrant such an order, ther....
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