Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Jai Chand – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. gratuitous passenger died in vehicle accident. (Para 1 , 2) |
| 2. contested ownership, license, gratuitous status. (Para 3 , 4 , 5) |
| 3. tribunal awarded compensation against vehicle owner. (Para 6 , 7 , 8) |
| 4. arguments on insurer versus owner liability. (Para 9 , 10 , 11) |
| 5. no insurer liability for gratuitous passengers. (Para 12 , 13 , 14 , 15) |
| 6. confirmed facts, ownership, policy evidence. (Para 16 , 17 , 18 , 19) |
| 7. liability only policy excludes occupants. (Para 20 , 21) |
| 8. owner liable; appeal dismissed upheld. (Para 22 , 23 , 24 , 25) |
JUDGMENT :
SUSHIL KUKREJA, J.
1. The instant appeal has been preferred by the appellant, who was respondent No. 3 before the learned Court below, against award dated 27.04.2013, passed by learned Motor Accidents Claims Tribunal, Kullu, District Kullu, H.P., (hereinafter referred to as “the learned Tribunal below”), in Claim Petition No. 35 of 2011, whereby the petition filed by petitioner Anarkali (since deceased) was allowed with costs and compensation of Rs. 2,53,000/- alongwith interest at the rate of 9% per annum from the date of filing the petition till its realization was awarded in favour of the petitioner, which was ordered to be
"Liability Only Policy" excludes coverage for gratuitous passengers in private vehicles; insurer not liable, vehicle owner responsible for compensation in accident deaths.
The main legal point established in the judgment is that the liability of the Insurance Company under an 'Act Policy' does not extend to the risk of occupants/passengers in a vehicle unless additiona....
The insurer is liable for compensatory claims for authorized representatives of goods transported, contradicting prior assumptions of passenger liability.
Insurers are obligated to compensate occupants of an insured vehicle under the Motor Vehicles Act, even if those occupants are legal heirs of the driver, affirming their status as third parties.
Act policy excludes coverage for pillion rider on two-wheeler as gratuitous passenger; LMV (NT) licence invalid for motorcycle; insurer exonerated, owner liable for compensation.
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 is that under an 'act only policy', the insurance company is not liable to pay compensation for passengers traveling in a vehicle, as interpreted from the Motor Vehic....
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
