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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
Rakesh R. Kammath S/o. Ramdas – Appellant
Versus
Santhosh S/o. Rajan – Respondent
JUDGMENT :
1. This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Ernakulam, in OP(MV)No.682/2014.
2. The brief facts necessary for the disposal of the appeal are as follows:
The appellant, who is stated to be doing a partnership business in flex board met with an accident on 09.04.2013 at about 4 AM. The claimant along with his partner Sumesh, hired a Tata Ace goods carriage bearing Reg.No.KL-41-G-3107 belonging to the 1st respondent and were travelling along with the goods in the platform of the vehicle. The accident occurred due to the rash and negligent driving of the driver of the vehicle and therefore he claimed compensation towards the injuries sustained by him in the road traffic accident. It was contended that the appellant was earning a monthly income of Rs.10,000/- per month. However, the Tribunal proceeded to fix the notional income at Rs.9,000/- and then granted the following compensation:
| Heads | Amount claimed (in Rupees) | Amount awarded (in Rupees) |
| Loss of earnings | 120000 | 45000 |
| Transport to hospital and back to home | 2000 | 10000 |
| Extra nourishment | 10000 | 20000 |
| Damage to clothes and articles | 1000 | 1000 |
| Bystander Expenses | 5000 | 8750 |
| Treatment Expenses | 200000 | 172200 |
| Compe | ||
The court ruled that reasonable claims regarding income should be accepted without strict documentary evidence, and the Insurance Company is liable to indemnify the owner despite policy conditions pr....
Gratuitous passengers in goods vehicles are not covered by standard insurance policies unless additional premiums are paid, rendering previous rulings on liability inapplicable.
An insurance company is not liable to indemnify for claims involving gratuitous passengers not covered under the policy as per statutory provisions.
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 insurer is not liable for compensation if the claimant is a gratuitous passenger in a goods vehicle.
The court established that a claimant traveling with goods in a commercial vehicle is covered under the insurance policy, and the burden of proof lies with the insurer to demonstrate otherwise.
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....
Amendment to Motor Vehicles Act, 1988 mandates insurers to cover liabilities for owners of goods traveling in goods vehicles, ensuring entitled compensation for injuries sustained.
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