Back
SANJAY DHAR
National Insurance Co. Ltd. – Appellant
Versus
Mursa Begum – Respondent
| Table of Content |
|---|
| 1. awards related to compensation for fatalities. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. challenges regarding liability of insurance company. (Para 8) |
| 3. analysis of liability based on insurance policy terms. (Para 9 , 11) |
| 4. claims against insurance based on boarding circumstances. (Para 10 , 15 , 16) |
| 5. assessment of insurance liability in different contexts. (Para 12 , 13 , 14 , 18 , 19) |
| 6. interpretation of statutory liability regarding unauthorized passengers. (Para 17) |
| 7. final judgment on liability and appeals. (Para 20) |
JUDGMENT :
1. By this common judgment, all the afore titled six connected appeals, are proposed to be disposed of.
2. CIMA No. 64/2007 arises out of award dated 30.09.2006 passed by the Motor Accidents Claims Tribunal, Doda (hereinafter to be referred as the Tribunal), whereby the learned Tribunal has awarded a sum of Rs. 4,73,300/- alongwith interest @ 7.5% per annum as compensation in favour of the claimant/respondent, Mursa Begum, whose husband, Mohd Sharief is stated to have died while he was travelling in a Truck bearing No. JKP 137 on 01.07.1999 due to the accident, which occurred on account of rash and negligent driving of the Truck by its driver.
3. C
Insurance companies are not liable for compensations involving unauthorized passengers in goods vehicles; liability resides with the vehicle owner unless statutory coverage applies for laborers.
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 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....
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 ....
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....
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
