Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2013 (1) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (1) TMI 747 - SC - Indian LawsLiability of insurer towards gratuitous passengers Payment of compensation Held that :- as per decision of High court in similar case, Insurer was not liable for paying compensation to owner of goods or his authorised representative on being carried in goods vehicle when that vehicle meets with accident and owner of goods or his representative dies or suffers any bodily injury Therefore High Court was clearly in error in holding that Section 147(1)(b)(i) takes within its fold any liability which may be incurred by insurer in respect of death or bodily injury to any person High Court also erred in holding that claimant was travelling in vehicle in course of his employment since claimant was spare driver in vehicle and was not driving at relevant time There was no insurance cover for spare driver in policy Merely because claimant was travelling in cabin would not make his case different from any other gratuitous passenger However, where owner has insured his vehicle against third party risks, direction can be sought against insurer to discharge liability under award first and then recover same from owner Insurance company has already deposited entire awarded amount and said amount was invested in fixed deposit account Appeal disposed Decision of National Insurance Co. v. Roshan Lal and Another and New India Assurance Co. Ltd. v. Asha Rani [2002 (12) TMI 598 - SUPREME COURT] followed Decided in favour of Appellant.
|