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N. ANAND VENKATESH
Oriental Insurance Co. , Ltd. – Appellant
Versus
S. Vijayalakshmi W/o. late Sundaram – Respondent
JUDGMENT :
N.Anand Venkatesh, J.
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 27.4.2017 made in M.C.O.P.No.1 of 2014, on the file of the Motor Accident Claims Tribunal (Sub Court), Harur.
The Insurance Company aggrieved by the award passed by the Motor Accidents Claims Tribunal (Sub Court), Harur, in M.C.O.P.No.1 of 2014, dated 27.01.2017, has filed the present appeal before this Court.
2. The claimants are the wife, minor daughter and the parents of the deceased Sundaram. The case of the claimants is that the deceased Sundaram had travelled in the Tata Ace Vehicle on 01.11.2013 and he had taken flowers along with him in order to load the same in a lorry which was proceeding towards Chennai. After completing this work, the deceased was coming back in the same vehicle and at about 23.00 hours, when the vehicle reached opposite to Gandhi Nagar, the offending vehicle which belongs to the 1st and 2nd respondents in the claim petition was driven in a rash and negligent manner and it dashed against a tamarind tree and the deceased was thrown out of the vehicle and he sustained fatal injuries and he scummed t
The court established that insurance liability under the Motor Vehicles Act extends to gratuitous passengers returning after unloading goods, emphasizing a liberal interpretation of the Act's provisi....
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 established that a claimant returning in a goods vehicle after unloading goods is considered an authorized representative, thus entitled to compensation under Section 147 of the Motor Vehic....
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
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....
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