Back
MOHD. AKRAM CHOWDHARY
New India Assurance Company Ltd. – Appellant
Versus
Mehra Begum – Respondent
ORDER:
1. The appellant-Insurance Company has challenged the Award dated 30.07.2012 (for short ‘impugned judgment’) passed by the learned MACT Srinagar in a Claim Petition titled Mehra Begum and Others vs. Gh. Mohiudin Rafique and Others, whereby the amount of Rs. 3,27,864/- together with interest @ 6% P.A. from the date of institution of the Claim Petition, has been granted as compensation in favour of claimants/ respondents 1 to 5 payable by the appellant Company.
2. The impugned judgment has been assailed on the following grounds:
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....
The court established that an insurance company may be required to pay compensation to claimants even if there is a breach of policy conditions, provided the circumstances warrant such an order, ther....
The main legal point established in the judgment is that the Insurance Company cannot be held responsible for the compensation of unauthorized passengers in a goods vehicle when the risk is not cover....
Insurers are not liable for injuries to gratuitous passengers in goods vehicles under the M.V. Act, as established by the Supreme Court.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
