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2023 Supreme(Online)(J&K) 598

JAMMU AND KASHMIR AND LADAKH HIGH COURT
A, J
insurance company – Appellant
Versus
Mursa Begum, on behalf of other claimants – Respondent
CIMA No. 64/2007 | CIMA No. 67/2007 | CIMA No. 174/2007 | CIMA No. 131/2007 | CIMA No. 207/2008 | CIMA No. 132/2007



Advocates:
For the Appellants/Petitioners:Advocate A, Advocate B
For the Respondents:Advocate C, Advocate D

Insurance liability does not extend to unauthorized passengers in goods vehicles. The court affirmed that such an insurer is not liable for compensation in these cases despite the truck being insured.

Headnote:This judgment addresses is a joint disposition of six connected appeals concerning compensation awards for deaths and injuries from a truck accident on 1.7.1999, attributed to negligent driving. The case revolves around applicative insurance liability laws, particularly about passengers in load carriers—specifically, whether a passenger's risk was covered under the policy. The court finds that, based on prevailing case law and the policy's stipulated terms, the insurance company is exonerated from liability for five out of six claims, affirming instead the owner's responsibility. The verdict dismisses one appeal regarding a worker whose risk was covered by the policy. The common legal issues examined include liability concerning unauthorized passengers, the relevance of statutory provisions in insurance contracts, and rulings on the application of 'pay and recover' principles. The court's findings indicate a strict interpretation of insurance liabilities, delineating responsibilities between insurers and vehicle owners.

Result: All appeals except CIMA No. 174/2008 are allowed; CIMA No. 174/2008 is dismissed.

Table of Content
1. overview of connected appeals arising from vehicle accidents. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. insurance company disputes liability for coverage of passengers. (Para 8 , 10 , 12)
3. court emphasizes statutory provisions and prior case law in liability determination. (Para 13 , 14 , 15 , 17 , 18 , 19)
4. final outcome of the appeals based on liability assessment. (Para 20)

1. By this common judgment, all the afore titled six connected appeals are proposed to be disposed of.

2. CIMA No. 64/2007 arises out of award dated 30.9.2006 passed by the Motor Accidents Claims Tribunal, Doda (hereinafter to be referred as 'the Tribunal'), whereby learned Tribunal has awarded a sum of Rs. 4,73,300 along with interest at 7.5 per cent per annum as compensation in favour of the claimant / respondent Mursa Begum, whose husband, Mohd. Sharief, is stated to have died while he was travelling in a truck bearing No. JKP 137 on 1.7.1999 due to the accident which occurred on account of rash and negligent driving of the truck by its driver.

3. CIMA No. 67/2007 arises out of award dated 30.9.2006 passed by the Tribunal, whereby learned Tribunal has awarded a sum of Rs. 1,17,000 along with interest at 7.5 per cent per annum as compensation in favour of claimant / respondent, on account of death of his son, namely, Mudasir Hussain, who is stated to have died while he was travelling in a truck bearing No. JKP 137 on 1.7.1999 due to the accident, which occurred on account of rash and negligent driving of the truck by its driver.

4. CIMA No. 174/2007 arises out of award dated 3.10.2006 passed by the Tribunal, whereby the learned Tribunal has awarded a compensation of Rs. 3,72,500 along with interest at 7.5 per cent per annum in favour of claimant / respondent Ahmadoo on account of death of his son, Mohd. Shafi, who was travelling in a truck bearing registration No. JKP 137 on 1.7.1999 due to the accident, which occurred on account of rash and negligent driving of the truck by its driver.

5. CIMA No. 131/2007 arises out of award dated 30.6.2006 passed by the Tribunal, whereby learned Tribunal has awarded a sum of Rs. 2,09,100 along with interest at 7.5 per cent per annum as compensation in favour of claimant / respondent Abdul Majid, whose son, Farooq Ahmad, is stated to have died while he was travelling in a truck bearing registration No. JKP 137 on 1.7.1999 due to the accident, which occurred on account of rash and negligent driving of the truck by its driver.

6. CIMA No. 207/2008 arises out of the award dated 15.7.2006, passed by the Tribunal, whereby claimant / respondent was held entitled to compensation of Rs. 35,000 along with interest at 7.5 per cent per annum on account of the injuries suffered by him on 1.7.1999 while he was travelling in the truck bearing No. JKP 137, which suffered an accident on account of rash and negligent driving of its driver.

7. CIMA No. 132/2007 arises out of the award dated 12.6.2006 passed by the Tribunal, whereby a compensation of Rs. 1,51,500 along with interest at 7.5 per cent per annum has been awarded in favour of Ghulam Mohd., claimant / respondent, whose son, Shafqatullah, is stated to have died on 1.7.1999 while he was travelling in a truck bearing registration No. JKP 137 that met with an accident on account of rash and negligent driving of the truck by its driver.

8. The only ground on which the appellant insurance company has challenged all the aforesaid awards is that the deceased / injured in all these cases were travelling as gratuitous passengers in the offending load carrier (truck) and as such, risk to their lives was not covered under the policy of insurance. On this basis, it is contended that the learned Tribunal has fallen into an error in saddling the liability to satisfy the award upon the appellant insurance Company.

9. I have heard learned counsel for the appellant and perused record of the Tribunal.

10. Learned counsel for the appellant has reiterated the contentions raised in t


















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