AI Overview...
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IMT 39 - Legal Liability for Loading/Unloading - Defines the insurer's liability to persons employed in connection with the operation, maintenance, loading, and unloading of motor vehicles. Paying an extra premium under IMT 39 extends coverage to workers involved in these activities NATIONAL INSURANCE COMPANY LTD VS SAWDHA BEEVI - Kerala, National Insurance Co. Ltd. VS Raja M. Kasi - Madras, NATIONAL INSURANCE COMPANY LIMITED vs SEBASTIAN - Kerala, Kumarpal Amichand Bagrecha VS Prabhatbhai Babubhai Parmar - Gujarat, National Insurance Company Limited VS P. Narasamma - Andhra Pradesh.
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Coverage through Extra Premium - Owners paying additional premium for IMT 39 coverage are deemed to have covered risks associated with loading and unloading workers, including employees engaged in such tasks during accidents. This is supported by endorsements and policy clauses indicating coverage extends to persons employed for loading/unloading New India Assurance Company Limited, represented by its Senior Branch Manager VS Vanrampari, Wife of Lalrozuala (L) and Shri Andrew L. Tochawng, Son of Z. Tochawng - Gauhati, New India Assurance Co. Ltd. rep. by its Deputy Manager, Secunderabad VS B. Lalitha - Andhra Pradesh, IFFCO-TOKIO General Insurance Company Limited, Hyderabad VS V. Satyanarayana - Andhra Pradesh.
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Worker Inclusion and Liability - Courts have recognized that workers engaged by the owner or managing agent for loading/unloading are covered under the policy if extra premium is paid. Even if employed through managing agents, such workers are considered employees covered by the policy's legal liability extension National Insurance Company Limited VS P. Narasamma - Andhra Pradesh, NATIONAL INSURANCE COMPANY LIMITED vs SEBASTIAN - Kerala.
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Application of IMT 39 in Claims - In cases of accidents involving loading/unloading workers, the insurer's liability is established if the policy includes IMT 39 endorsement and extra premium has been paid. This applies whether the worker is a direct employee or engaged through a third party, provided the policy endorsement covers such risks Kumarpal Amichand Bagrecha VS Prabhatbhai Babubhai Parmar - Gujarat, THE BRANCH MANAGER vs DHAKSHINAMOORTHY - Madras.
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Legal and Judicial Recognition - Courts have upheld that paying extra premium under IMT 39 signifies acceptance of liability for injuries to loading/unloading workers, making insurers liable for compensation in accidents during such activities New India Assurance Company Limited, represented by its Senior Branch Manager VS Vanrampari, Wife of Lalrozuala (L) and Shri Andrew L. Tochawng, Son of Z. Tochawng - Gauhati, NATIONAL INSURANCE COMPANY LIMITED vs SEBASTIAN - Kerala.
Analysis and Conclusion:
IMT 39 is a crucial endorsement that extends an insurer’s legal liability to persons employed in connection with loading and unloading activities of motor vehicles. Payment of an extra premium signifies acceptance of this liability, covering workers engaged during loading/unloading operations. Courts have consistently upheld that if this endorsement is active and premiums are paid accordingly, the insurer is liable to compensate injured workers involved in such activities, regardless of whether they are direct employees or engaged through managing agents.
Search Results for "Imt 39 Loading Unloading"
2015 0 Supreme(Ker) 528 • India - Kerala
T.R.RAMACHANDRAN NAIR, K.P.JYOTHINDRANATH
Liability to Persons Employed in Connection with the Operation and/or Maintaining and/or Loading and/or Unloading of Motor Vehicles ... Insurance Company - Liability to Pay Compensation - Motor Vehicles Act, 1988, Section 147(1)(b) and 147(1)(c) - IMT 39 - Legal ... 39. ... The learned counsel for the claimants invited our attention to IMT 39, which reads as follows :- ... "IMT 39 - LEGAL LIABILITY TO PERSONS EMPLOYED IN CONNECTION ....
2017 0 Supreme(Mad) 4263 • India - Madras
S.MANIKUMAR, M.GOVINDARAJ
and/or Unloading of Motor Vehicles. ... found fault, in eschewing evidence -legal liability to persons employed in connection with the operation and/or maintaining and/or Loading ... He has further added that he was doing business of selling swines to Kerala and after unloading and while returning, the vehicle ... Before the Tribunal, learned counsel for the injured has also elucidated the endorsement made under IMT 39, which covers legal liability to persons employed in connection with the operation an....
2025 Supreme(Online)(Ker) 47036 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
/unloading. ... 337, and 338 - Motor Vehicle Accident - Insurer challenging liability for compensation awarded for injuries sustained by a worker loading ... ... ... Issues: Whether the insurer is liable to compensate for injuries sustained during loading due to driver negligence. ... In the case on hand, the claimant was not a non fair paying passenger, but a worker engaged by the insured for loading and unloading of bamboo poles. In this context, it is relevant to extract IMT #HL_S....
2009 0 Supreme(AP) 112 • India - Andhra Pradesh
S.ASHOK KUMAR
and unloading-Employer and employee relationship between owner of vehicle and deceased proved-Insurance Company cannot deny payment ... Company-Deceased engaged as labourer-Extra premium paid by insured to cover the risk of some labourers engaged in goods vehicle for purpose of loading ... for loading and unloading purposes and therefore, the said Nayak even though he might have engaged the deceased for the purpose of loading and unloading, he can be taken as a managing agent of the 1s....
2016 0 Supreme(Guj) 777 • India - Gujarat
S.G.SHAH
and/or unloading of vehicle while engaged in service of insured - Insurance Company had accepted additional legal liability under ... disclosure also endorsed as to insurer accepting legal liability with respect to persons employed in connection with operation and/or loading ... The endorsement No. 39 regarding legal liability to persons employed in connection with the operation and/or maintaining and/or loading and/or unloading of Motor Vehicles and IMT-40 read as under: ... "#HL_STAR....
2009 0 Supreme(AP) 316 • India - Andhra Pradesh
S.ASHOK KUMAR
A perusal of EX.B-l and EX.A-9 shows that the deceased was covered under Section 11(I)(i) of the policy and also as per IMT-39, which provides legal liability to persons employed in connection with the operation and/or maintaining and/or loading and/or unloading of motor vehicle (for goods vehicles). ... Narsamma (1) (CMA No.721 of 2005) held that even though the employee was employed through the managing agent representative of the owner of the lorry for loading and unloading purpose,....
2011 0 Supreme(Gau) 259 • India - Gauhati
BROJENDRA PRASAD KATAKEY
It is not in dispute that the owner of the vehicle has paid extra premium covering the risk of the persons mentioned in IMT 39. By paying such extra premium, the risk of the driver, conductor, cleaner or person employed in loading or unloading of the vehicle bearing registration No. ... Guite, learned Counsel for the Appellant has submitted that the owner of the vehicle by paying extra premium has covered the risk of the driver, cleaner, conductor and person employed in loading and unloading#H....
2022 Supreme(Online)(KER) 63854 • India - High Court of Kerala
P. G. Ajithkumar, J
Ratio Decidendi: The court determined that if a premium for loading and unloading workers was paid, the deceased was entitled ... Fact of the Case: A fatal accident occurred while the deceased was loading granite onto a tempo when a tree fell on ... Moreover, from a perusal of the endorsement IMT 39 in Ext.B1, it is clear that the loading and unloading employees are also covered. RW1 has stated that only in a package policy, loading and ....
2009 0 Supreme(AP) 143 • India - Andhra Pradesh
S.ASHOK KUMAR
39 which deals with legal liability to persons employed in connection with the operation/maintenance, and/or loading/unloading of motor vehicles (Goods Vehicles). ... Rs.175/- extra as against prescribed premium of Rs.25/-, covers the risk of driver and other employees who are connected with operation/maintenance and/or loading and unloading. ... Since, Rs.175/- has been additional paid by OP.1 towards premium, it covers the risk of not only the driver and third parties but also other workers who are co....
• India - Madras High Court
that the policy in question was a Liability Only Policy and that the second respondent had paid extra premium for coverage under IMT ... .39, which extended the insurer's liability to include legal liability under the Workmen's Compensation Act or at Common Law in respect ... 28 Rs.50/-' and IMT.39 of the policy makes it clear that 'legal liability to persons employed in connection with the operation and / or maintaining and / or loading and / or unloading of motor vehic....
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