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Showing contexts for: imt 28 in Date Of Decision: 23.07.2024 vs Reliance General Insurance on 23 July, 2024Matching Fragments
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Discussion on this point revolves around the insurance policy, Ex.PX. In terms of the insurance policy, the Legal Carrying Capacity ('LCC') of the vehicle in question, including the driver, was three. In terms of the premium schedule, Rs.50/- were paid on account of legal liability for the paid driver. Insurance policy, Ex.PX, further incorporates that "The policy wordings with detailed terms, conditions and exclusions are available on our website www.reliancegeneral.co.in" and further that "Subject to Reliance GI Endorsement Numbers printed herein/attached here to IMT 28, IMT 20".
Learned counsel for the appellant has placed on record IMT 28 pertaining to legal liability to pay driver and/or conductor and/or cleaner employed with the operation of insured vehicle. Relevant portion thereof reads as under:-
IMT.28. Legal liability to paid driver and/or conductor and/or cleaner employed in connection with the operation of insured vehicle (For all Classes of vehicles.) In consideration of an additional premium of Rs. 50/- notwithstanding anything to the contrary contained in the policy it is hereby understood and agreed that the insurer shall indemnify the insured against the .
*In case of Private cars/ motorised two wheelers (not used for hire or reward) delete this para.
::: Downloaded on - 26/07/2024 20:34:29 :::CIS -8-The applicability of above IMT.28 has not been disputed by the learned counsel for the insurer. A perusal of .
the above provisions of IMT 28 makes it clear that the premium paid towards the driver also covers the risk liability towards conductor and/or cleaner. It is the admitted case of the insurer that there were only two persons in the vehicle in question when it met with the accident, and as a consequence, both of them lost their lives. One was the driver-Dawa Negi and the other was the cleaner/the predecessor of the present claimants. Liability to satisfy the awarded amount in case of death of the driver, has admittedly been fastened upon the insurer. The liability in terms of the insurance policy, Ex.PX, for satisfying the compensation amount and the interest awarded to the claimants/legal representatives/dependents of cleaner in the instant case, thus, must necessarily be borne by the insurer.