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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
THE NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
DEVAKI – Respondent
| Table of Content |
|---|
| 1. appeal regarding insurance liability for gratuitous passenger. (Para 1 , 2 , 3 , 4 , 5) |
| 2. contending arguments about insurance coverage. (Para 6) |
| 3. court's analysis and established precedents on liability for gratuitous passengers. (Para 8 , 9 , 10 , 11 , 12) |
JUDGMENT
Appellant insurance company who is the 3rd respondent in OP(MV) No.1446/2007 on the file of Motor Accident Claims Tribunal, Alappuzha [hereinafter referred to as ‘the Tribunal’] has preferred this appeal challenging the award passed by the Tribunal, on the ground that insurance policy for the offending vehicle was an ‘Act only policy’ and therefore, the victim Sreejith who was a gratuitous passenger in the goods vehicle is not covered under said policy and the insurance company is not liable to pay the award amount.
2. For the sake of convenience parties in this appeal shall be referred to as claimants and respondents as per their rank in the O.P(MV).
3. Claimants filed the OP seeking compensation for the death of victim Sreejith stating that on 20.11.2005 at 1 a.m while victim Sreejith, who is the son of the 1st claimant and the brother of the 2nd claimant, was accompanying the goods of his employer i
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