An Insurance Company appealed against a Motor Accident Claims Tribunal order holding it liable. The court held the deceased was a gratuitous passenger, thus outside policy coverage.
Impugned order dated 29.07.2006 set aside insofar as it imposed liability on the appellant Insurance Company.
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THE HON’BLE DR. JUSTI CE SHAMEEM AKTHER
M.A.C.M.A.No.2 5 0 of 2 0 0 8
JUDGMENT:
This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act’), by the appellant-Insurance Company aggrieved by the order dated 29.07.2006 in M.V.O.P.No.400 of 2004 on the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, Guntur (for short ‘the Tribunal’).
2
appellant-insurance company and ultimately, prayed to dismiss the appeal.
1 AIR 2004 SC 1340
3
Com pan y Lim it ed v. Ash a Ran i an d ot h er s2 , wherein the liability of the insurance company was absolved from paying compensation to the dependants of the deceased, who suffered death by travelling in a goods vehicle. The subject vehicle is a goods lorry. The said decisions apply to the instant case. As the deceased is a gratuitous passenger/ paid passenger and as there is no coverage of insurance under Ex.B1, no liability can be fastened against the appellant-insurance company. The Tribunal erroneously allowed the claim petition against the appellant-insurance company and as such, the impugned order is liable to be set aside insofar as the appellant-insurance company.
Miscellaneous Petitions pending, if any, in this appeal shall
stand closed. No costs.
______________________ Dr . SHAMEEM AKTHER, J
Date: 03.10.2018 ssp
2 2003(2) SCC 223
1 issue framed by the court
Whether the insurance company is liable to pay compensation to the dependants of the deceased who boarded the lorry midway as a gratuitous passenger.
Colour shows how this judgement treated each authority
M/s. National Insurance Company Limited vs. Baljit Kaur and othersFollowed¶12
M/s. National Insurance Company Limited vs. Baljit Kaur and others
New India Assurance Company Limited v. Asharani and othersFollowed¶12
New India Assurance Company Limited v. Asharani and others
2 provisions across 2 enactments
An Insurance Company (Appellant)
Dependants of Kunchala Ramarao (Respondents)
SHAMEEM AKTHER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
