Manager, National Insurance Co.Ltd vs Saju P.Paul & Anr on 3 January, 2013
19. With regard to the Tribunal's finding that the deceased
was not a gratuitous passenger, learned counsel appearing for
the respondent insurance company had contended that the
Tribunal erred by not considering the deceased as a gratuitous
passenger. Even if such a contention were to be accepted, it
would not disentitle the petitioners from getting compensated,
in light of the judgment of the Hon'ble Apex Court in
Manuara Khatun (supra), which had placed reliance on
Manager, National Insurance Company Limited vs. Saju P.
Paul & Anr 5, wherein the direction to the insurance company
was to pay the compensation and recover the same from the
insured. Section 147(1) of the MV Act states as follows: