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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. jurisdiction of tribunal for compensation claims. (Para 1 , 2 , 4) |
| 2. circumstances leading to the accident and liability claims. (Para 5) |
| 3. defense regarding unauthorized passengers and vehicle use. (Para 6 , 7) |
| 4. interpretation of section 147 of the motor vehicles act. (Para 8 , 9 , 10) |
| 5. court's analysis of evidence on passenger status. (Para 11 , 12 , 13 , 14) |
| 6. court's conclusion on insurer's liability. (Para 15) |
| 7. final orders regarding compensation payments. (Para 16) |
JUDGMENT :
K. MURALI SHANKAR, J.
1. 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 her
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 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....
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 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 ....
The liability of the insurance company for compensation in cases involving unauthorized passengers in goods vehicles.
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