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1 - 9 of 9 (0.27 seconds)Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
M/S. National Insurance Co. Ltd vs Baljit Kaur And Ors on 6 January, 2004
As per which,
after the decision of Baljit Kaur's case rendered on
06.01.2004 no such direction can be issued by the Trial Court
to the Insurance Company on the principle of “Pay and
Recover” relating to the liability in respect of risk of gratuitous
passengers traveling in a goods vehicle and no Trial Court is
expected to decide contrary to the decision made thereon.”
https://www.mhc.tn.gov.in/judis/
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C.M.A.No. 3817 of 2011 and M.P.No.1 of 2011
National Insurance Co. Ltd vs V. Chinnamma & Ors on 25 August, 2004
11. Following the decision made in NEW INDIA ASSURANCE CO.LTD.
VS. ASHA RANI (2003(2) SCC 223), the Hon'ble Supreme Court in NATIONAL
INSURANCE CO. LTD., VS. CHINNAMMA & OTHERS (2004 (8) SCC 697) wherein
the victims travelled in a Tractor fitted with Trailor, has held as follows:-
Oriental Insurance Co. Ltd vs Brij Mohan & Ors on 15 May, 2007
In ORIENTAL INSURANCE CO. LTD., V. BRIJ MOHAN AND
OTHERS (2007 (2) TN MAC 66 (SC), the Hon''ble Supreme Court held that when
https://www.mhc.tn.gov.in/judis/
6/12
C.M.A.No. 3817 of 2011 and M.P.No.1 of 2011
labourers sustained injuries while travelling in a Trolley attached to a Tractor
which was engaged to remove earth for a brickyard, for the purpose of
manufacturing the bricks, the Hon'ble Supreme Court has held that it is not an
agricultural purpose and held that the Tribunal ought not to have fasten the
liability on the Insurer. The passengers travelled in the Trolley attached to Tractor
being gratuitous passengers, the Insurer can deny liability since, it is a violation of
contractual condition.
United India Insurance Co., Ltd. vs Nagammal And Ors. on 11 January, 1982
13. The Full Bench of this Court in UNITED INDIA INSURANCE
COMPANY VS. NAGAMMAL AND OTHERS reported in 2009 (1) CTC 2 has held
as follows:
New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001
“......the question as to whether the Insurance
Company is statutorily liable to cover the liability in respect of
risk of gratuitous passenger, is clearly laid down by Hon'ble
Apex Court in Asha Rani's case by reversing the earlier
decision in Saptal Singh's case and further question as to
whether the doctrine of “Pay and Recover” theory, which is
applied till then, by directing the Insurer to satisfy the award
and to recover the amount from the insured even though the
Insurer was not statutorily required to cover the liability in
respect of such passengers carried in goods vehicle, is clarified
in Full Bench judgment of our High Court.
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
New India Assurance Compafiy vs Shri Satpal Singh And Ors on 2 December, 1999
“......the question as to whether the Insurance
Company is statutorily liable to cover the liability in respect of
risk of gratuitous passenger, is clearly laid down by Hon'ble
Apex Court in Asha Rani's case by reversing the earlier
decision in Saptal Singh's case and further question as to
whether the doctrine of “Pay and Recover” theory, which is
applied till then, by directing the Insurer to satisfy the award
and to recover the amount from the insured even though the
Insurer was not statutorily required to cover the liability in
respect of such passengers carried in goods vehicle, is clarified
in Full Bench judgment of our High Court.
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