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RAJNESH OSWAL
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Abdul Ahad Bhat – Respondent
Judgment :
All these four appeals have arisen out of a common award dated 10th March 2020 passed by the Motor Accident Claim Tribunal, Srinagar, whereby the Insurance Company has been directed to pay the compensation in favour of the claimants in the two claim petitions and further liberty has been granted to the Insurance Company to recover the same from the owner of the vehicle. In petition titled “Abdul Ahad Bhat and others Versus Bajaj Allianz General Insurance Company Limited & Anr”, a sum of Rs. 6,50,000/ has been awarded in favour of claimants, whereas in petition, titled, “Mohammad Ramzan Dar and others Versus Bajaj Allianz General Insurance Company Limited. & Anr”, sum of Rs. 12,04,000/ has been awarded in favour of claimants.
2. Mac App. No.38/2020 and Mac App. No.37/2020 have been filed by the Appellant-Insurance Company, primarily on the ground that the owner was liable to pay compensation and the liability could not have been fastened upon the Appellant-Insurance Company as the Tribunal had held that both the deceased persons, namely, Abdul Hamid Dar and Mohsin Bhat, were travelling as gratuitous passengers.
3. Other two appeals i.e. Mac App. No.61/2020 and Mac App. No.63
: Mere payment of premium for three persons for operation as well as maintenance of vehicle in question would not cover both deceased persons as authorized passengers.
The principle of 'pay and recover' is applicable in motor accident claims involving gratuitous passengers in goods vehicles, requiring the insurance company to satisfy the award to the claimant first....
The central legal point established in the judgment is that the appellant-insurer was not liable to indemnify the owners of the offending vehicle as per the interpretation of the Motor Vehicles Act a....
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
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 main legal point established in the judgment is that the insurance company can recover compensation from the owners of the offending vehicle after payment of compensation to the claimants if the ....
The main legal point established in the judgment is the determination of liability to pay compensation under the Motor Vehicles Act, emphasizing the need for the Insurance Company to prove the violat....
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