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BIRENDRA KUMAR
Shantilal S/o Manmal Chopra – Appellant
Versus
Kunti Devi W/o Late Kachhu Ram – Respondent
JUDGMENT :
BIRENDRA KUMAR, J.
1. A brief background leading to these appeals is that on 14.9.2001, certain people were travelling on a utility vehicle bearing Registration No. RJ-19-1-G1355. Near Village Devi Koat, due to rash and negligent driving, the utility vehicle dashed against a big stone with its rear wheel and the tyre burst. Consequently, the vehicle turned turtle and the people travelling therein sustained injuries. One Kachhu Ram, aged about 60 years, by profession a Tailor also sustained injury and died. The dependents of Kachhu Ram filed Motor Accident Claims Case No. 10/2002 before Motor Accident Claims Tribunal, Jailsalmer. Injured Mukesh filed Motor Accident Claim Case No. 8/2002. The learned Tribunal made award of Rs. 1,40,000/- along with 9% interest in favour of dependents of Kachhu Ram and award of Rs. 14,000/- for injuries to Mukesh. It is relevant to mention here that some other claim petitions were also decided by the impugned judgment dated 2.12.2003, as they were also related to the injureds travelling on the same utility vehicle.
2. However, the Tribunal found that since a goods vehicle was carrying passengers, it violated the terms of the policy. As such, t
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....
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 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....
Liability of insurers for gratuitous passengers in goods vehicles established through the 'pay and recover' principle.
The main legal point established in the judgment is that the insurance company is not statutorily required to cover the liability for an unauthorised passenger in a goods vehicle, based on the interp....
Insurers are not liable for injuries to unauthorized passengers in goods vehicles, reinforcing that statutory insurance excludes such individuals from coverage.
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