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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN
Reliance General Insurance Co.Ltd – Appellant
Versus
Usha, W/o.Sahadevan – Respondent
| Table of Content |
|---|
| 1. background of the accident and claimants' case. (Para 1 , 2) |
| 2. arguments from the insurer and claimants regarding liability. (Para 3 , 5 , 6 , 7) |
| 3. court's examination of passenger status and liability. (Para 4 , 8 , 9) |
| 4. final determination of liability and appeal outcome. (Para 10) |
JUDGMENT :
SHOBA ANNAMMA EAPEN, J.
This appeal has been filed by the third respondent insurer in OP(MV) No. 366 of 2016 on the files of the Motor Accidents Claims Tribunal, Thodupuzha, challenging the liability and quantum of compensation awarded to the claimants. Respondents 1 to 3 herein were the claimants and respondents 4 & 5 herein were respondents 1 & 2 before the tribunal.
2. The case of the claimants was that on 23.10.2015, the deceased, who was a timber loading worker, while accompanying goods in a jeep bearing Reg.No.KL-5G/5888 driven by the first respondent in a rash and negligent manner, the front tyres of the jeep lost contact with the road when climbing upwards and the jeep was lifted upwards and then, the deceased jumped out of the jeep. When the jeep moved forward, the deceased happened to be jammed between the jeep and a retaining wall, whereby he sustained fatal injurie
Unauthorized passengers in goods vehicles are excluded from insurance coverage under statutory provisions, establishing limits on insurer liability.
The liability of the insurer under a statutory policy is restricted to indemnify the insured in respect of claims made by third parties and the owner of goods or their authorized representatives who ....
The central legal point established in the judgment is the interpretation of the liability of the Insurance Company under the Motor Vehicles Act, 1988, in cases involving unauthorized passengers in g....
The main legal point established in the judgment is that the Insurance Company is not liable for compensation when the deceased was an unauthorized passenger in a vehicle and there were violations of....
Point of law : P.W.1 and others went to Hyderabad on the work of R.1 and after attended they were returning back and on the way, this accident took place and hence they are not unauthorized passenger....
Point of law: P.W.1 and others went to Hyderabad on the work of R.1 and after attended they were returning back and on the way, this accident took place and hence they are not the unauthorized passen....
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