Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Neeru Nagpal – Appellant
Versus
Sunheri Devi – Respondent
| Table of Content |
|---|
| 1. factual background of the case and claims. (Para 1 , 2 , 3) |
| 2. court’s analysis on insurance liability determinations. (Para 4 , 5 , 9) |
| 3. legal precedents governing insurance liability for passengers. (Para 6 , 8) |
| 4. arguments on liability scope of insurance policy. (Para 7) |
| 5. conclusion on appeal dismissal and confirmation of tribunal award. (Para 10 , 11) |
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The present appeals are preferred by the appellant against the award dated 30.08.1990 passed by the Motor Accident Claims Tribunal, Karnal, wherein the Tribunal directed the owner and driver of the offending vehicle/tempo to pay the half share of the compensation to claimants, and exonerated the insurer from liability as the deceased and injured were gratuitous passengers in goods vehicle. Thus, the appellant challenges this finding, seeking to fasten liability on the insurer.
2. On 1.8.1990, Hans Raj, a 24-year-old bachelor, along with Raj Kumar and other passengers, boarded a four-wheeler/tempo No. HR-05-4150 from Panipat to Karnal on payment of fare. The tempo, driven rashly and negligently by respondent no.1/driver, collided near Arpana Hospital, Madhuban, with a stationary To
Insurers are not liable for injuries to unauthorized passengers in goods vehicles, reinforcing that statutory insurance excludes such individuals from coverage.
Insurance companies are not liable for unauthorized passengers in goods vehicles under Section 147 of the Motor Vehicles Act, 1988, as there is no statutory requirement to cover such risks.
Gratuitous passengers in goods vehicles are not covered by standard insurance policies unless additional premiums are paid, rendering previous rulings on liability inapplicable.
The insurer is liable for compensatory claims for authorized representatives of goods transported, contradicting prior assumptions of passenger liability.
Insurers are not liable for gratuitous passengers in goods vehicles as they are not covered under policy terms, affirming the 'pay and recover' principle.
Insurer of goods carriage not liable for gratuitous passengers' death/injuries; no 'pay and recover' direction by Tribunal, as lacks Supreme Court's Article 142 power.
The main legal point established in the judgment is that the insurance company is not statutorily required to cover the liability for an unauthorised passenger in a goods vehicle, based on the interp....
Insurers are not liable for gratuitous passengers in goods vehicles under the old Motor Vehicles Act provisions, as clarified by the Supreme Court.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
