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JAMMU & KASHMIR HIGH COURT
M.M.Kumar; CJ, Dhiraj Singh Thakur, JJ.
Darshan Singh -Appellant
Versus
Oriental Insurance Co.Ltd. -Resopndent
LPAC No. 15/2009, CMA No. 14/2009
Decided On : 01-04-2013
Compensation - Gratuitous Passengers in Goods Carrier - Liability of Insurance Company
Fact of the Case:
The issue was whether claimants are entitled to claim compensation for the death of gratuitous passengers traveling in a goods carrier, and whether the Insurance Company is liable to pay compensation.
Finding of the Court:
The court found that gratuitous passengers traveling in a goods carrier causing their death cannot claim compensation from the insurance company in case of an accident, as established by previous judgments.
Issues: The main issue was the entitlement of claimants and the liability of the Insurance Company for compensation in the case of death of gratuitous passengers in a goods carrier.
Ratio Decidendi: The court relied on previous judgments, including the case of National Insurance Company Ltd. v. Cholleti Bharatamma & Ors. 2008 (1) SCC 423, to establish that the Insurance Company is not liable to pay compensation for the death of gratuitous passengers in a goods carrier.
Final Decision: The appeal was dismissed, and it was held that the Insurance Company is not liable to pay compensation for the death of gratuitous passengers in a goods carrier.
1. The only issue raised in this appeal is whether claimants are entitled to claim, and the Insurance Company liable to pay, compensation on account of death of gratuitous passengers traveling in a goods carrier (Truck). The matter is no longer res-integra as the learned Single Judge has rightly placed reliance on the judgment of Hon'ble the Supreme Court rendered in the case of National Insurance Company Ltd. v. Cholleti Bharatamma & Ors. 2008 (1) SCC 423. There are score of other judgments covering the issue against the claimant including the judgments ren#31;dered in the cases of National Insurance Company Ltd. v. Baljit Kaur & ors. 2004 ACJ 428 & National Insurance Company Ltd. v. Prema Devi & ors. 2008 AIR SCW 2023.
2. It is, therefore, well settled that gratuitous passenger traveling in a goods carrier causing his death cannot claim any compensation from the insurance company in case such a vehicle meets with an accident and the Insurance Company would not be liable to pay compensation under the insurance cover.
3. The appeal does not merit admission and the same is, accordingly, dis#31;missed.
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