policy taken by the owner contained a clause that it
was a policy for "Act Liability" only. This being the nature of
policy ... policy, Exh. 288, it is clear that the policy covers the risk
of driver and cleaner and additional payment of Rs.16/- was
paid
pillion rider, as the insurance policy was a statutory policy,
and hence it did not cover the risk of death of or bodily
injury ... requirements for insurance against third party risk. Where
a third party risk is involved, an insurance policy is
required to be mandatorily taken
Section 147 of the Motor Vehicles Act, the compulsory policy
requirements include risks (i) against any liability which may be incurred in
respect of death ... motor vehicle at the time of the
accident, compulsory risks covered under the policy of insurance get
automatically transferred to the transferee of a vehicle
result is that under the New Act an insurance policy covering
third party risk is not required to exclude gratuitous passengers in a
vehicle ... force."
42. As per above said ruling, an insurance policy covering third
party risk was not required to exclude gratuitous passengers in a vehicle
passengers traveling
goods vehicle was not covered by insurance policy and as such,
since risk is not covered by insurance policy as they were
gratuitous ... victims were
travelling in goods vehicle and the Insurance policy is not
covering the risk of these passengers and as such, fastening the
liability
Policy leaf on record at Mark 34/1 indicates that policy
was issued for goods carrying commercial vehicle. Limitation
clause in the said policy reads ... compensation. Limitation clause in the leaf of
the policy spells that risk of passenger is not covered.
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policy. No doubt, as
on the date of the accident, the policy was in existence. When
the policy is issued, the liability only policy ... that if the policy is 'act only
policy' and unless premium is paid to cover the risk of the
11
occupants
appellant, relying on Ex.R1
Insurance Policy submitted that the policy was only a liability/Act policy
and therefore the Insurance Company ... seen that the policy is a
private car liability policy. In the schedule to the policy it is seen that the
premium was paid covering
considered view that since, the policy is only an Act policy issued
by the appellant Insurance company to the insurer and the
deceased Palanisamy ... third party' of the vehicle and the policy
is covered risks to the third party alone. Hence, the deceased
that they are labourers, there is no
premium paid towards policy covering the risk of the labourers.
8. Learned counsel for the insurance company submitted ... along with others
are labourers and even as per the policy, the risk of the labourers was
not covered and hence, the insurance company
