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L. VICTORIA GOWRI
Branch Manager, New India Assurance Co. Ltd. , Chennai – Appellant
Versus
Dhanabalan – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, to set aside the judgment and decree passed in M.C.O.P.No. 96 of 2007 on the file of the Motor Accident Claims Tribunal (Sub Judge), Paramakudi dated 04.04.2012.)
1. This Civil Miscellaneous Appeal is directed as against the judgment and award passed by the Motor Accident Claims Tribunal (Sub Judge), at Madurai in M.C.O.P.No.96 of 2007 dated 04.04.2012 by the appellant/second respondent insurance company challenging the quantum and liability.
2. For the sake of convenience, the parties are addressed herein as per the rank in M.C.O.P.No.96 of 2007.
3. The brief facts leading to the filing of the Civil Miscellaneous Appeal is as follows:
On 06.06.2006, the petitioner travelled with vegetables bags in a Eicher namely, Madurai Carriers bearing registration No.TN-58-M-7089 from Madurai to Ramnad and at about 06.00 p.m., when the lorry was nearing T.Pappankulam diversion, both the front tyres bursted and as the result of which, the lorry capsized. The petitioner and ot
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 court reaffirmed that insurance companies are liable to indemnify victims injured in goods vehicle accidents, even where passengers exceed policy limits, unless such violations are fundamental.
Liability of insurance company for unauthorized passengers in a goods vehicle under Section 147 and Section 149 of the Motor Vehicles Act.
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 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.
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