Back
S. S. SUNDAR, P. B. BALAJI
New India Assurance Co. Ltd. – Appellant
Versus
Meenakshi – Respondent
JUDGMENT
(Prayerin CMA.No.3658/2013: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree passed in MCOP.No.1426/2010 on 16.04.2014 on the file of the Motor Accident Claims Tribunal [Subordinate Judge], at Tiruppur.
In Cross Objection No.77/2017: Cross Objection filed under Order 41 Rule 22 of CPC to enhance the award amount in the decree and judgment dated 16.04.2014 made in MCOP.No.1426/2010 on the file of the Motor Accident Claims Tribunal/Sub Court, Tiruppur, by allowing the Cross Objection with interest and cost.)
Common Judgment:
S .S. Sundar, J.
(1) CMA.No.3658/2014 is preferred by the New India Assurance Company who is the insurer of the vehicle owned by the 4th respondent in the Appeal as against the Award of compensation by the Motor Accident Claims Tribunal [Sub Court, Tiruppur] in MCOP.No.1426/2010.
(2) Cross Objection No.77/2017 is preferred by the claimants seeking enhancement of the compensation awarded by the Tribunal.
(3) The 1st respondent in the Civil Miscellaneous Appeal is the wife and respondents 2 and 3 are the parents of the deceased Palanisamy Respondents in the Appeal are the Cross Objectors in the Cro
An Act Policy does not cover the risk of gratuitous passengers in a private car, and the principle of pay and recover is not applicable in such cases.
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 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 ....
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 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....
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
