The Branch Manager vs Chitra on 25 February, 2011
14.In National Insurance Co. Ltd., vs. Durga Prasad & others, reported in
AIR 2008(NOC)1437(M.P): 2008(4) ABR (NOC) 694 (M.P), also the liability of the
insurer was questioned. The deceased was travelling sitting on bonnet of tractor
from where he had fallen down and died. The tractor was insured covering the
risk of driver, owner and third party. Passenger or labourer travelling in such
vehicle could not be treated as third party for the purpose of insurance unless
their risk is covered under policy by receiving additional premium in this
regard. According to such policy, neither additional premium for any passenger
or labourer was paid nor the same was received by insurer. In this
circumstance, it was held that the liability of the passenger cannot be saddled
with the insurer.