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NUPUR BHATI
National Insurance Company Limited – Appellant
Versus
Antar Kanwar, W/o. Late Shri Parvat Singh – Respondent
JUDGMENT :
Nupur Bhati, J.
1. This misc. appeal has been filed by the appellant/non-claimant No.3 (insurer of offending Truck number RJ-19-G-1343) under Section 173 of the M.V. Act, 1988 assailing the validity of the judgment and award dated 22.06.2002 passed by learned Judge, Motor Accident Claims Tribunal, Chittorgarh (‘Tribunal’) in MAC Case No.40/2001, whereby the learned Tribunal partly allowed the claim petition preferred by the claimants/respondents No.1 to 3 herein, and awarded compensation in their favour to tune of Rs.2,88,000/- along with interest @ 9% p.a. from the date of filing the claim petition i.e. 27.04.1995. While awarding the compensation, the learned Tribunal has fastened the liability upon the insurer(s) of both the vehicles involved in the accident.
2. Briefly stated, the facts of the case are that the claimants/respondents No.1 to 3 filed a claim petition under Section 166 of the M.V. Act claiming compensation of Rs.7,10,000/- on account of untimely death of late Sh. Parvat Singh, who lost his life while he was travelling in truck bearing registration number RJ-19-G-1343 from Chanderiya to his native place Nagaur. The said truck was being plied by its driver, n
Insurers are not liable for injuries to gratuitous passengers in goods vehicles under the M.V. Act, as established by the Supreme Court.
Insurers are not liable for gratuitous passengers in goods vehicles under the old Motor Vehicles Act provisions, as clarified by the Supreme Court.
The main legal point established in the judgment is the interpretation of the liability of the insurer under the Motor Vehicles Act in cases of death or bodily injury to passengers, and the distincti....
Insurer of goods carriage not liable for gratuitous passengers' death/injuries; no 'pay and recover' direction by Tribunal, as lacks Supreme Court's Article 142 power.
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....
Point of Law : Insurance Company was directed to pay compensation even for gratuitous passenger considering circumstances of this case under the “Doctrine of Pay and Recover” from the driver and owne....
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 ....
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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