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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
United India Insurance Company Ltd. – Appellant
Versus
Puran Chand – Respondent
| Table of Content |
|---|
| 1. appeals against tribunal's pay-and-recover order to insurer (Para 1 , 2 , 6 , 7) |
| 2. gratuitous passengers killed/injured by negligent driving (Para 3 , 10) |
| 3. owner denies fault; insurer cites policy breach, gratuitous travel (Para 4 , 5) |
| 4. insurer contests liability; claimants defend tribunal award (Para 8 , 9) |
| 5. negligence and gratuitous status findings unchallenged (Para 11 , 12) |
| 6. pay-recover validity for gratuitous passengers queried (Para 13) |
| 7. goods carriage excludes passengers statutorily (Para 14 , 15) |
| 8. section 147 excludes gratuitous passengers coverage (Para 16) |
| 9. sc: insurer not liable for gratuitous goods passengers (Para 17 , 18 , 19 , 20) |
| 10. tribunal cannot mandate pay-recover absent art 142 (Para 21 , 22) |
| 11. owner solely liable; insurer exonerated (Para 23) |
JUDGMENT :
Sushil Kukreja, J.
Since all these appeals are the offshoots of impugned award, dated 26.11.2012, passed by learned Motor Accidents Claims Tribunal (II), Mandi, District Mandi, H.P. (hereinafter for the sake of brevity referred to as “the learned Tribunal”), they are taken up together for consideration and disposal.
2. The instant appeals have been maintained by appellant-United India Ins
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....
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 that the Insurance Company is not liable to indemnify a gratuitous passenger on board a goods vehicle unless the passenger is the owner of the good....
Gratuitous passengers in goods vehicles are not covered by standard insurance policies unless additional premiums are paid, rendering previous rulings on liability inapplicable.
Insurers are not liable for gratuitous passengers in goods vehicles as they are not covered under policy terms, affirming the 'pay and recover' principle.
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.
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....
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