The Oriental Insurance Company Limited vs Shri Vishwanatha on 15 September, 2020
(v) in the case of Gopal & Others v. Shivasharanappa &
Others reported in CDJ 2011 Kar HC 155, the Division
Bench of this Court held that the Insurer is not liable to
pay compensation under Section IMT 37 B - that apart,
the petitioners have not proved that they are authorized
passengers traveling in a goods vehicle - in fact, it is
impossible to appreciate that all 22 persons as owner of
goods could travel in the lorry - it could be one or two
person can charter a vehicle, but not 22 persons carrying
their personal luggage can be considered as charterers
traveling in the vehicle along with the goods - claim
against the insurer is rejected and ordered to pay the
compensation against the owner.