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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Branch Manager, M/s Sriram General Insurance Company Limited – Appellant
Versus
S.Pandiselvam – Respondent
| Table of Content |
|---|
| 1. details of appeal against compensation order. (Para 1 , 2 , 3) |
| 2. claimants' account of accident details & defenses. (Para 5 , 6) |
| 3. arguments and legal precedents regarding liability. (Para 7 , 8 , 9 , 10 , 11) |
| 4. court analysis of claimants' liability status. (Para 12 , 13 , 14) |
| 5. conclusion: insurer exonerated, compensation by vehicle owner. (Para 15 , 16) |
JUDGMENT :
K.MURALI SHANKAR, J.
These Civil Miscellaneous Appeals are directed against the common order passed in M.C.O.P.Nos.485 and 486 of 2014, dated 19.09.2019, on the file of the Motor Accident Claims Tribunal / Principal Subordinate Court for MCOP cases, Madurai.
2. The appellant/Insurer who was mulcted with liability to pay compensation of Rs.3,30,000/- with interest and costs to the claimant in M.C.O.P.No.485 of 2014 and Rs.1,38,000/- with interest and costs to the claimant in M.C.O.P.No.486 of 2014 for the disability suffered by them consequent to an accident occurred on 28.10.2013, challenged the liability mulcted on it.
3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in their original petition.
4. During enquiry, the evidence came to be recor
The insurer is not liable for compensation when claimants are unauthorized passengers without goods in the vehicle, affirming that coverage under the Motor Vehicles Act extends only to authorized rep....
Insurers are not liable for accidents involving unauthorized passengers in goods vehicles under Section 147 of the Motor Vehicles Act unless the passengers are the owners or authorized representative....
The central legal point established in the judgment is the interpretation of the liability of the Insurance Company under the Motor Vehicles Act, 1988, in cases involving unauthorized passengers in g....
The main legal point established in the judgment is that the owner of the vehicle alone is liable to pay compensation to a deceased passenger traveling with goods in a commercial vehicle, and no liab....
Passengers in a goods vehicle are not covered under the insurance policy if they are not traveling as owners of goods, as personal luggage does not qualify as goods under the Motor Vehicles Act.
The liability of the insurance company for compensation in cases involving unauthorized passengers in goods vehicles.
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 ....
Point of law: Accident claim – Death – Liability of insurance company - Travelling as unauthorized passenger in vehicle amounts to violation of policy condition - Insurance Company is not liable to ....
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