Durga Prasad Gupta v. Dhanmatiya Bai and Others
Case brief
What is this about?
This order dismisses an appeal and writ petition challenging a Motor Accident Claims Tribunal award. The court upheld the exoneration of the insurance company from liability for a gratuitous passenger's death due to non-payment of extra premium, assigning liability to the vehicle owner based on contractual terms.
What the court decided
1
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Misc. Appeal (C) No. 499 of 2009
Durga Prasad Gupta S/o late Thakurdin Gupta, aged about 52 years, R/o Baikunthpur, Tahsil Baikunthpur, District -Korea (CG)
---- Appellant
Versus
- Dhanmatiya Bai widow of Bihari, aged about 32 years, Caste – Ahir
- Shiv Kumar S/o late Bihari, aged about 15 years, Caste Ahir
- Devkumar S/o late Bihari, aged about 8 years, caste Ahir
- Indra Kumar S/o late Bihari, aged about 7 years, caste Ahir
- Bharat S/o late Bihari, aged about 4 years, Caste Ahir
Issues for consideration
3 issues framed by the court
Whether the insurance company is liable to indemnify the owner for death of a gratuitous passenger when no extra premium was paid covering such risk.
Whether the High Court can interfere with the tribunal's exonerating the insurance company and assigning liability to the vehicle owner in motor accident cases.
Whether an accident policy covers liability for gratuitous passengers without additional premium coverage.
Parties & counsel
- appellant
Durga Prasad Gupta
- petitioner
Durga Prasad Gupta
- respondent
The Oriental Insurance Company Ltd
Coram
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · November
- Registered
- Case no.
- MAC/499/2009
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