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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI
New India Assurance Company Ltd. – Appellant
Versus
Murugalakshmi W/o Late Jeyaram – Respondent
| Table of Content |
|---|
| 1. factual background and procedural history of the compensation claim. (Para 1 , 2 , 3 , 4 , 6 , 7 , 9) |
| 2. contention regarding insurer liability for gratuitous passengers in load vehicles. (Para 5 , 10 , 11 , 12 , 13) |
| 3. application of 'pay and recover' principle for gratuitous passengers. (Para 14 , 15 , 16 , 17) |
| 4. dismissal of appeal and confirmation of tribunal order. (Para 18) |
JUDGMENT :
P. VADAMALAI, J.
1. This Civil Miscellaneous Appeal is preferred against the judgment and decree 01.12.2020 passed in M.C.O.P.No.1090 of 2017 by the Motor Accident Claims Tribunal/I Additional District Judge, Tirunelveli.
2. The 2 respondent in M.C.O.P.No.1090 of 2017 is the appellant herein. The petitioner/claimant is the first respondent herein.
3. For the sake of convenience, the parties as arrayed in M.C.O.P. No. 1090 of 2017 are adopted hereunder.
4. The brief facts of the case:
On 01.04.2016 at about 9.00 a.m., the deceased minor Suryaprakash was travelling in the load auto bearing registration No.TN 74 U 7373, driven by his father Jeyaram, from Kayathar to Kadambur. While the said auto was running near Ahilandapuram Vilakku, the left side door of the load auto suddenly opened an
The principle of 'pay and recover' is applicable in motor accident claims involving gratuitous passengers in goods vehicles, requiring the insurance company to satisfy the award to the claimant first....
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....
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 the death of a gratuitous passenger in a goods vehicle.
Point of Law : Insurance Company was directed to pay compensation even for gratuitous passenger considering circumstances of this case under the “Doctrine of Pay and Recover” from the driver and owne....
The main legal point established in the judgment is that the Insurance Company is not liable to indemnify a gratuitous passenger on board a goods vehicle unless the passenger is the owner of the good....
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