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VIVEK AGARWAL
CHOLAMANDALAM MS GENERAL INS. CO. LTD. – Appellant
Versus
ABDUL KARIM KHAN – Respondent
ORDER :
1. These appeals are filed by the insurance company being aggrieved of the award dated 1-7-2022 passed by Motor Accident Claims Tribunal, Chhindwara in MACC No. 411 of 2018 and MACC No. 412 of 2018 on the ground that deceased and injured were gratuitous passengers in a pickup van and there being no coverage for the gratuitous passengers, order of pay and recover is contrary to the law laid down by the Supreme Court in the case of New India Assurance Co. Ltd. vs. Asha Rani , AIR 2003 SC 607 .
2. Shri T.S. Lamba, learned counsel for the appellant insurance company reading FIR (Exhibit P-4) submits that it is clearly mentioned by the author of the FIR that deceased, injured and the author of the FIR - Akku S/o Abdul were travelling in a Pickup van bearing registration MP 28 G 4513 along with Megshyam Pawar and Sahil Musalman. The vehicle was being driven rashly and negligently as a result, it turned turtle and Sahil S/o Kalim Musalman died due to crush injuries whereas Meghshyam Pawar sustained injuries and succumbed to the same.
3. Shri M.R. Verma, learned counsel for the claimants, in his turn, reading evidence of Akku submits that PW-2 who has said that in fact the injured an
Insurance policies do not cover gratuitous passengers in a goods vehicle; hence, no liability arises for the insurer in the absence of coverage.
Insurers are not liable for gratuitous passengers in goods vehicles as they are not covered under policy terms, affirming the 'pay and recover' principle.
Insurance companies are not liable for claims regarding gratuitous passengers in goods vehicles under policies not covering those 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 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....
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