Subhash And Ors vs Anurag And Ors on 28 August, 2025
40. So far as the plea of the respondent no. 3 / Insurance
Company that deceased was travelling in the insured vehicle as
an unauthorized occupant is concerned, the same is not found
sustainable in view of the vehicle particulars of the offending
vehicle filed by the IO alongwith the DAR, which shows that the
offending vehicle was having seating capacity of two seats.
Meaning thereby, that the offending vehicle i.e. TATA ACE
bearing registration no. DL1LAA2306 provides for two persons
to travel in the vehicle. At the time of accident, only two persons
(driver and deceased) were travelling in the offending vehicle
and therefore, there was no breach by the insured on this count.
(Reliance is also placed on the Judgment of Hon'ble High Court
of Judicature at Madras in the case titled " ICICI Lombard
General Insurance Company Limited Vs. V. Shanthi & Ors.,
CMA No. 990 of 2022, Date of Decision:10.08.2023".