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SANJAY DHAR
United India Insurance Co. Ltd. – Appellant
Versus
Kalyan Singh – Respondent
| Table of Content |
|---|
| 1. compensation awarded to respondent for injuries. (Para 1 , 2 , 3) |
| 2. insurance company asserts no liability for payment. (Para 4 , 5) |
| 3. legal principles on insurance liability for gratuitous passengers. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. tribunal's direction on pay and recover upheld. (Para 15 , 16) |
| 5. judgment disposed. (Para 17) |
JUDGEMENT
1. The appellant-Insurance Company has assailed the validity of award dated 30.07.2008 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter to be referred as the Tribunal), whereby a sum of Rs. 1,44,400/- has been awarded as compensation in favour of the claimant/respondent No.1, which as per the award, is to be paid by the appellant-Insurance Company with a right to recover the same from the owner i.e. respondent No. 2.
2. Before coming to the contentions raised in the appeal, it would be apt to have a brief background of the facts leading to the filing of this appeal. It appears that on 14.06.1999, respondent No. 1 boarded a truck bearing registration No. JK02E 5195 at Pull Doda. The vehicle in question suffered an accident due to rash and negligent driving of its driver, which resulted in injuries to fiv
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.
Liability of insurers for gratuitous passengers in goods vehicles established through the 'pay and recover' principle.
Insurance companies can be directed to satisfy awarded sums for gratuitous passengers and seek recovery from insured parties.
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....
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....
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 insurer is not liable for compensation if the claimant is a gratuitous passenger in a goods vehicle.
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