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L. VICTORIA GOWRI
Branch Manager, Theni – Appellant
Versus
Murugeshwari – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, to set aside the award and decree dated 09.12.2011 made in M.C.O.P.No.53 of 2011 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Theni.)
1. This Civil Miscellaneous Appeal is directed as against the judgment and award on certain counts passed by the learned Motor Accident Claims Tribunal cum Special Sub Court, at Tirunelveli in M.C.O.P.No.53 of 2011 dated 09.12.2011, by the appellant/second respondent/insurance company.
2. For the sake of convenience, the parties are addressed herein as per the rank in M.C.O.P.No.53 of 2011.
3. The brief facts leading to the filing of the Civil Miscellaneous Appeal is as follows:-
This is the case of injured. On 16.09.2004, the petitioner having attended her friend's marriage travelled in a van bearing registration No.TN-51-Y-7652 along with many others from her village. While the said van was returning from Srivilliputhur at about 04.45 p.m., at Periyur to Usilampatti road near Hanuman temple at P.Chettipa
The insurance company is not bound to indemnify the insurer for the loss or injury caused to a person who had traveled as a passenger in a goods vehicle, as per the provisions of the Motor Vehicles A....
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 pay compensation for unauthorized passengers in goods vehicles, based on the interpretation of relevant....
Gratuitous passengers in goods vehicles are not covered by standard insurance policies unless additional premiums are paid, rendering previous rulings on liability inapplicable.
The court established that a claimant traveling with goods in a commercial vehicle is covered under the insurance policy, and the burden of proof lies with the insurer to demonstrate otherwise.
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 principle of 'pay and recover' is applicable in motor accident claims involving gratuitous passengers in goods vehicles, requiring the insurance company to satisfy the award to the claimant first....
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.
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