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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL
Shriram General Insurance Company Ltd – Appellant
Versus
Habib Khan – Respondent
ORDER :
These miscellaneous appeals are filed by the Insurance Company being aggrieved of the award dated 08/11/2012 passed by learned 14th Additional Motor Accident Claims tribunal, Bhopal in Claim Cases Nos. 1225/2010, 1223/2010, 1224/2010 and 1278/2010 on a singular ground that since the wards of the claimants/claimant either died when the truck on the roof of which they were travelling came in contact with a high tension line or sustained grievous injuries, but, overlooking the fact that victims were travelling as a gratuitous passengers, therefore, there was violation of the terms and conditions of the policy, hence, there could not have been an order of pay and recover, however, arbitrarily learned Claims Tribunal has directed that the compensation amount be paid by the insurance company and thereafter they will be entitled to recover it jointly and severally from the owner and driver of the offending vehicle.
2. Reliance is place on the judgment of three Judges Bench of Hon'ble Supreme Court in the case of New India Assurance Co. Ltd. Vs. Asha Rani and others, AIR 2003 SC 607 wherein it is held that the law laid down by the Supreme Court in New India Assurance Com. Vs. Satpal
Insurers are not liable for gratuitous passengers in goods vehicles as they are not covered under policy terms, affirming the 'pay and recover' principle.
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....
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.
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 a 'Statutory Policy' under the Motor Vehicles Act, 1988, only covers death or bodily injury of a third party falling within the sweep of Secti....
The Insurance Company to pay compensation and recover it from the insured. However, these decisions were rendered in cases falling within sweep of Section 149 of Act ? cases involving violation of po....
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....
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