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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Anand Venkatesh
TATA AIG General Insurance Company Ltd., Salem-4. – Appellant
Versus
Thirupathi – Respondent
| Table of Content |
|---|
| 1. appeals consolidated due to common issue. (Para 1 , 2) |
| 2. claimant details accident and injuries. (Para 3 , 4) |
| 3. tribunal based findings on driving negligence. (Para 5 , 7 , 8) |
| 4. insurance company disputes liability based on policy. (Para 6 , 9 , 15) |
| 5. court analyzes insurance liability parameters. (Para 10 , 11 , 12 , 14) |
| 6. liability determined by number of insured passengers. (Para 13 , 16) |
| 7. court's conclusion on liability and award adjustments. (Para 17 , 18) |
JUDGMENT :
N. Anand Venkatesh, J.
1. The issue involved in both the appeals is common and hence, they are heard and disposed of through this common judgment.
2. The Insurance Company has filed CMA No.1515 of 2023 questioning the liability for payment of compensation to the 1st respondent fixed by the Motor Accidents Claims Tribunal (Special District Court), Salem (for short, the Tribunal below) in MCOP No.94 of 2020 by award dated 15.6.2022. The claimant filed an appeal in CMA No.3080 of 2023 challenging the same award seeking for enhancement of compensation fixed by the Tribunal.
3. The case of the claimant is that on 24.6.2019 at about 12.10 p.m, the claimant was traveling in a TATA Ace Vehicle bearing Regn.
Insurance liability is limited to the number of passengers as specified in the vehicle's registration, and insurers are not obligated to cover claims for unauthorized passengers.
Insurance liability confined to terms of policy, with provision for pay and recovery for excess claims beyond coverage.
Practical and the proper course would be to hold that the insurance company would be bound to cover the higher of the amounts of compensation awarded to the extent of the number of passengers covered....
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 ....
Insurance companies are not liable for employee injuries in vehicles unless additional premiums are paid for coverage under the policy.
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....
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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