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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Reliance General Insurance Co Ltd, through its Branch Manager – Appellant
Versus
T. Nallammal – Respondent
| Table of Content |
|---|
| 1. establishing the factual background of the accident and insurance litigation. (Para 1 , 2 , 3 , 4 , 5) |
| 2. summary of rival arguments regarding policy breach and quantum of compensation. (Para 6 , 7) |
| 3. insurer liability for accidents involving passengers within policy coverage limits despite overloading. (Para 8 , 9 , 10) |
| 4. correction of conventional head awards to align with supreme court precedents. (Para 11) |
| 5. final orders specifying modification or dismissal of appeals. (Para 12) |
JUDGMENT :
K.K. RAMAKRISHNAN, J.
1.The second respondent, namely, Reliance General Insurance Company, Tuticorin, has preferred this batch of appeals challenging the common award, dated 24.06.2022 passed by the Tribunal, whereby liability was fastened upon the insurer.
2. Brief facts of the case:
According to the claim petitions, the injured claimants as well as the deceased were travelling in a Mahindra maxi cab bearing Registration No. TN-69-AF-5182, insured with the appellant, on 21.05.2017 at about 10:45 p.m. When the said vehicle was proceeding from west to east on the Tirunelveli– Tuticorin National Highway, near Valanadu, Maruthur Keela Vaikal Bridge, the driver drove the vehicle in a
An insurer cannot be exonerated from liability for passengers covered under the policy due to vehicle overloading, provided the accident resulted from negligence. 'Pay and recover' applies only to pa....
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.
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 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....
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