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Documents citing Manager Cholamandalam Ms Gen Insurance ... vs Monu Chaudhary (Minor) on 29 August, 2019

New India Insurance Company Limited ... vs Smt. Laxmi Devi Kushwah on 7 May, 2022

Learned counsel for the claimants has argued that in view of the case law of Iffco Tokyo General Insurance Company Limited vs. Sudamati, [2018 (4) Mh.L.J.], Manager, Cholamandalam Ms General Insurance Company Limited vs. Ajay Coudhary and Others, [(2020) ACJ 649], in which the Maharashtra High Court and this Court had taken a view that in a goods vehicle where there is no cabin and the deceased was traveling as a representative of the owner, the insurance company is liable to pay the compensation. However, in this case, the offending vehicle is a Matador having a cabin in it and, therefore, the arguments of the learned counsel for the claimants is not acceptable.
Madhya Pradesh High Court Cites 5 - Cited by 0 - S Yadav - Full Document

Girvar Sahu vs Smt.Jhalli Bai Kachhawaha on 7 August, 2024

15. Therefore, in view of discussion in the foregoing paras, just on the basis that, Rs.25/- has been paid as premium for LL to person for operation/ maintenance, it cannot be said that Insurance Company is liable to pay the compensation. Further, from evidence on record, it is not established that at the time of accident, deceased was employed by owner of offending vehicle for maintenance and upkeep of offending vehicle and at the time of accident, deceased was travelling in the offending vehicle in the same capacity. Hence, in view of overall evidence available on record, and also having regard to zero seating capacity of offending vehicle, in this Court's opinion, deceased was travelling as gratuitous passenger in offending vehicle. Therefore, Insurance- Company is not liable to pay the compensation. Further, in view of facts of the case, in the instant case, principle of pay and recover can also not be applied, as held in Ramayan Prasad Yadav (Supra), Cholamandalam (Supra), Manager, Cholamandalam (Supra) and New India Assurance Co. Ltd (Supra).
Madhya Pradesh High Court Cites 9 - Cited by 0 - A K Paliwal - Full Document
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