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NUPUR BHATI
HDFC ERGO General Insurance Company Ltd. – Appellant
Versus
Lalu Ram, S/o. Gheesa Ram Jat – Respondent
JUDGMENT :
Nupur Bhati, J.
1. The instant misc. appeal has been filed by the appellant/non-claimant No.3 under Section 173 of the Motor Vehicle Act, 1988 (‘the Act of 1988’) against the judgment and award dated 25.11.2022 passed by learned Judge, Motor Accident Claims Tribunal, Kuchaman City, District Nagaur in Claim Case No.51/2022, whereby the learned Tribunal partly allowed the claim petition of the claimants/respondents No.1 and 2 and awarded compensation of Rs.4,88,000/- along with interest @ 5.50% p.a.
2. Brief facts of the case are that the deceased, Fula Devi was traveling in the insured jeep bearing number RJ-37-UA-2483 on 04.05.2013 at 7:00 PM, from Meethdi to Thathana when she fell down due to the rash and negligent driving of the respondent no. 1/driver, and received injuries, on account of which she died subsequently. Thereafter, a claim was filed before the learned Tribunal under Section 166 and 140 of the MV Act, and a sum of Rs.24,04,000/-.
3. In response to the said claim, respondent no. 1 and 2/driver and owner of the offending vehicle respectively negated the occurrence of any such accident on 04.05.2013 and alternatively stated if at all, any liability arises, it wo
An insurance policy labeled as 'Private Car Liability Only' does not cover occupants unless a premium is charged for their risk, thus limiting the insurer's liability.
An 'Act Only' insurance policy does not cover passengers unless additional premium is paid, exonerating the insurer from liability for compensation.
The main legal point established in the judgment is that the liability of the Insurance Company under an 'Act Policy' does not extend to the risk of occupants/passengers in a vehicle unless additiona....
An Act Only Policy does not cover co-passengers unless additional premium is paid, and contributory negligence applies in accidents involving parked vehicles.
Occupants of a private car are not covered by an Act Only Policy, and therefore, the insurance company cannot be held liable to pay compensation for the occupants' claims.
Liability of the insurance company under an 'act only policy' does not cover the risk of the occupants of the vehicle.
Passengers in a private car, which is not used for carrying passengers for hire or reward are not third parties vis-a-vis said vehicle.
The main legal point established is that under an 'act only policy', the insurance company is not liable to pay compensation for passengers traveling in a vehicle, as interpreted from the Motor Vehic....
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