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C. V. KARTHIKEYAN
United India Insurance Co. , Ltd. – Appellant
Versus
Saraswathi – Respondent
JUDGMENT
(Prayer:- This petition filed under Section 173 Motor Vehicles Acts, against the award and decree dated 23.03.2017 in MCOP No.462 of 2014 on the file of the Motor Accidents Claims Tribunal (Principal District Judge, Perambalur.)
The 2nd Respondent in MCOP No.462 of 2014 on the file of the Motor Accident Claims Tribunal / Principal District Court, Perambalur, is the appellant herein. They are the insurers of the offending vehicle and claimed that liability to pay compensation should not have been mulcted on them.
2. MCOP No.462 of 2014 had been filed by the two claimants for the death of their son Chelladurai in a road accident which took place on 22.03.2013. It was stated that on that particular date at around 8.00 a.m., Chelladurai was travelling as a cleaner in a Tractor bearing registration No.TN-31-P-9927 belonging to the 1st respondent and insured with the 2nd respondent therein. The vehicle was driven by one Rajasekar. They were both working in Shanmugham cashew-nut groove. While driving the tractor, the driver Rajasekar suddenly applied brakes and as a result, Chelladurai was thrown out of the tractor and fell down in between the two wheels on the left side of the trac
The main legal point established in the judgment is that the insurance company is not liable to pay compensation for the death of a gratuitous passenger in a goods vehicle.
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 is not liable to indemnify a gratuitous passenger on board a goods vehicle unless the passenger is the owner of the good....
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 Insurance Company to pay compensation and recover it from the insured. However, these decisions were rendered in cases falling within sweep of Section 149 of Act ? cases involving violation of po....
The main legal point established in the judgment is that a 'Statutory Policy' under the Motor Vehicles Act, 1988, only covers death or bodily injury of a third party falling within the sweep of Secti....
Insurers are not liable for gratuitous passengers in goods vehicles as they are not covered under policy terms, affirming the 'pay and recover' principle.
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....
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....
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