AI Overview...
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Passenger Injury Coverage - The scope of coverage for passenger injuries under third-party insurance policies depends on the type of passenger. Gratuitous (unpaid) passengers are generally not covered unless explicitly included in the policy. For example, one source states that injuries to gratuitous passengers are covered if the policy specifically mentions such coverage (02100040492). Conversely, other sources clarify that standard third-party policies typically exclude gratuitous passengers and focus on third-party liability, not injuries to occupants or passengers in the vehicle (IND_HC_KLHC010310732008, 00300013666).
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Occupants and Passengers - The distinction between occupants (passengers) and third parties is crucial. Policies often exclude injuries to occupants unless they are covered explicitly. For instance, the insurance policy may cover passengers in public service vehicles or employees if specified, but generally excludes gratuitous or non-fare-paying passengers (01700009710, 01702003625, 01100009676).
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Policy Specifics and Legal Interpretations - The interpretation of policy clauses and statutory provisions (e.g., Section 147 of the Motor Vehicles Act) influences coverage. Some judgments affirm that unless the policy explicitly covers gratuitous passengers, injuries to such persons are not insured (IND_HC_KLHC010859552018). In contrast, policies that explicitly include any person or any passenger may extend coverage to all occupants, including gratuitous passengers, but this is subject to the policy's wording and premium payments (02200014280, 01702003625).
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Conclusion - Generally, passenger injuries, especially to gratuitous or non-fare-paying passengers, are not automatically covered under third-party insurance policies unless explicitly included. Coverage typically extends to third-party liability and sometimes to specific passenger categories if specified in the policy. It is essential to review the policy wording and applicable legal provisions to determine coverage scope for passenger injuries.
References: - K S RAJAN vs PRAVITH ETC - Kerala - Royal Sundaram Alliance Insurance Co. Ltd. , Coimbatore VS A. Meenakshi & Others - Madras - VARJU VS UNITED INDIA INSURANCE CO. LTD. - Rajasthan - Ramashray Singh VS New India Assurance Co. Ltd. - Rajasthan - UNITED INDIA INSURANCE COMPANY LIMITED VS SUREKHA BAKSHI - Delhi - NATIONAL INSURANCE CO.LTD Vs CHELLAPPPAN - Kerala - HADSON STEPHEN vs VISHAK KRISHNA - Kerala - New India Assurance Co. Ltd. VS Sujit Barisal - Orissa - ORIENTAL INSURANCE COMPANY LIMITED, BANGALORE VS THUKARAMA ADAPPA - Karnataka - NEW INDIA INSURANCE CO. LTD. , DELHI GATE, UDAIPUR THROUGH SR. DIVISION MANAGER, JODHPUR VS INDERSINGH S/O SH. KESAR SINGH - Rajasthan
Search Results for "Is the Passenger Injury Covered under the Third Party Insurance Agreement"
2009 Supreme(Online)(KER) 9720 • India - High Court of Kerala
K.M.JOSEPH, M.L.JOSEPH FRANCIS, JJ
Issues: The primary issue was whether the cleaner could be considered a third party eligible for insurance coverage following ... party under the insurance policy, which did not extend coverage to employees other than those specifically enumerated by the Act ... found negligence on the driver's part, but the insurer was not liable as the cleaner's injuries did not fall within the policy's covered ... In one sense, every person who is not a party to the contract of #H....
2009 0 Supreme(Mad) 667 • India - Madras
PRABHA SRIDEVAN, K.K.SASIDHARAN
and whether the insurance policy covers the liability to a gratuitous passenger. ... PASSENGERS WHO TRAVELLED IN THE CAR AND THE INSURANCE POLICY COVERS THE LIABILITY TO A GRATUITOUS PASSENGER. ... passengers who travelled in the car and the insurance policy covers the liability to a gratuitous passenger. ... By virtue of the wording of Section 147 and also Section II of the Policy, the death or injury of a gratuitous pass....
2005 0 Supreme(Raj) 89 • India - Rajasthan
RAJESH BALIA, DINESH MAHESHWARI
arising from the claim in respect of death or bodily injury caused to the occupant of the vehicle in question, but since the insurance ... occupants of the vehicle, except for passengers in public service vehicles and employees covered under the proviso to section 147 ... THIRD PARTY RISK - INTERPRETATION OF SECTION 147(1)(B)(I) - DISTINCTION BETWEEN THIRD PARTY AND OCCUPANTS - EXCLUSION OF OCCUPANTS ... , it needs to be covered by ....
2003 0 Supreme(Raj) 618 • India - Rajasthan
RUMA PAL, B.N.SRIKRISHNA
be covered under ``any person or ``any passanger – Insurance Company is not liable. ... passanger – Insurance policy covering passengers and Driver only – Cleaner is not covered under the policy – Held – Cleaner cannot ... But assuming this were so, there is nothing to show that the appellant had paid any additional premium to cover the risk of injury ... It was contended that the insurance policy expressly covered....
1998 0 Supreme(Del) 302 • India - Delhi
USHA MEHRA
MOTOR VEHICLE ACT - SECTION 95(2)(B) - INSURANCE POLICY - LIABILITY OF INSURER - THIRD PARTY RISK COVER - SCOPE AND INTERPRETATION ... Whether the insurance policy issued by the appellant limited the insurer's liability with regard to cases of bodily injury or death ... Fact of the Case: The appellant, an insurance company, issued a third-party risk cover policy to the insured, a three-wheeler ... The statutory insurance is not me....
2017 Supreme(Online)(KER) 23808 • India - High Court of Kerala
P.D.RAJAN, J
The insurer appealed against the tribunal's award to the injured party, arguing that the injured was a gratuitous passenger not covered ... Issues: Whether the insurance company is liable to indemnify the insured for injuries sustained by a gratuitous passenger ... in a vehicle covered under a comprehensive policy. ... The legal liability of non-fare paying passenger who are not employees of the insured is specifically mentioned as per IMT-37A of Ext.B1 Policy. The 1....
2018 Supreme(Online)(KER) 40710 • India - High Court of Kerala
P.D.RAJAN, J
policy compliance concerning passenger liability and the differentiation between gratuitous passengers and covered passengers under ... (ii) against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a public place: provided that ... Explanation.- For the removal of doubts, it is hereby declared that the death of or bodily injury to any person or damage to any property of a third....
2007 0 Supreme(Ori) 564 • India - Orissa
I.MAHANTY
under the term "any person" - Held, in the present case the jeep which is a passenger carrying vehicle, Sec. 147 mandates a statutory ... the accident was due to composite negligence of drivers of both the vehicles - Appeal - Whether the deceased and the injured are covered ... or pleasure purposes" and not for any prohibited purpose - The claimants who were the occupants of the vehicle in question, are covered ... The Hon’ble Apex Court in para-20 of the said judgment came to hold that the deceased being an employee of the company was no....
2006 0 Supreme(Kar) 888 • India - Karnataka
N.KUMAR
Thus, the gratuitous passengers and fare paying passengers were held to be not covered under the insurance policy whereas a passenger ... policy covering third party risk is not required to exclude gratuitous passenger in a vehicle, no matter that the vehicle is of ... Under Section 147, the following class of persona are covered in the case of death or bodily injury. ... Thus, the gratuitous passengers#H....
1994 0 Supreme(Raj) 36 • India - Rajasthan
R.BALIA
MOTOR VEHICLES ACT - INSURANCE - LIABILITY OF INSURANCE COMPANY - PERSON BOARDING BUS - PASSENGER OR THIRD PARTY - LIMITS OF LIABILITY ... party and passenger. ... Issues: Whether a person boarding a bus is to be treated as a passenger or a third party for the purpose of determining the ... Act of 1939, there is clear distinction between coverage of risk relating to third party ....
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