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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice R.KALAIMATHI, J
Branch Manager, M/s. National Insurance Co. Ltd. – Appellant
Versus
James Sahaya Rakkini – Respondent
| Table of Content |
|---|
| 1. claim petition filed for compensation (Para 4 , 5 , 6) |
| 2. insurance company argues unauthorized passenger (Para 7) |
| 3. observations on liability and policy conditions (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court's ruling on insurance liability (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 25) |
| 5. appeal allowed; owner liable (Para 24) |
JUDGMENT :
This Civil Miscellaneous Appeal has been preferred by the Insurance Company against the Award dated 02.03.2020 made in M.C.O.P.No.53 of 2015 by the Motor Accidents Claims Tribunal/Additional District Court, Dindigul as regards the liability issue.
2. Despite the receipt of notice, the eighth respondent/first respondent neither appeared nor represented through his counsel.
3. Heard the learned counsel for the appellant/second respondent and the respondents 1 to 6/claimants.
4. The claim petition was filed by the dependents of the deceased Jeyaraman claiming compensation of Rs.10,00,000/- for the death of Jeyaraman in a motor vehicle accident that occurred on 03.08.2013.
5. At trial, on the claimants’ side, two witnesses were examined and three documents were marked. On the side of the second respondent/insurance company, two wi
Insurance companies are not liable for unauthorized passengers in goods vehicles under Section 147 of the Motor Vehicles Act, 1988, as there is no statutory requirement to cover such risks.
Liability of insurance company for unauthorized passengers in a goods vehicle under Section 147 and Section 149 of the Motor Vehicles Act.
Insurers are not liable for injuries to unauthorized passengers in goods vehicles, reinforcing that statutory insurance excludes such individuals from coverage.
The violation of provisions of the Motor Vehicles Act absolves the insurance company from liability to compensate unauthorized passengers in goods vehicles.
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.
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....
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 is not statutorily required to cover the liability for an unauthorised passenger in a goods vehicle, based on the interp....
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