NATIONAL INSURANCE CO. LTD. versus RATTANI AND OTHERS

NATIONAL INSURANCE CO. LTD. versus RATTANI AND OTHERS

The claimants were travelling in the goods vehicle as members of a marriage party, not as representatives of the owner of the goods; thus, they were gratuitous passengers and the insurer was not liable to pay compensation under s.147 of the Motor Vehicles Act, 1988.

Parties
Appellant: National Insurance Co. Ltd.; Respondents: Rattan! and Others
Jurisdiction
India
Judgment Date
18 December 2008
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated 31.7.2006 of the High Court of Punjab and Haryana at Chandigarh in F.a.o. No. 304 of 2006 to 306 of 2006
Outcome
Appeal allowed; impugned judgment set aside as far as liability of the appellant is concerned.
Legal Topics
Liability of Insurer, Gratuity Passengers in Goods Vehicle, Compensation Under Motor Vehicles Act S.147
Motor Vehicles Law Insurance Law Liability of Insurer Gratuity Passengers in Goods Vehicle Compensation Under Motor Vehicles Act S.147

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Parties

National Insurance Co. Ltd.

Appellant

Rattan! and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated 31.7.2006 of the High Court of Punjab and Haryana at Chandigarh in F.a.o. No. 304 of 2006 to 306 of 2006

Legal Issues

  1. 1 Whether the insurer is liable to pay compensation for gratuitous passengers travelling in a goods vehicle as members of a marriage party under s.147 of the Motor Vehicles Act, 1988.

Ratio Decidendi

The claimants were travelling in the goods vehicle as members of a marriage party, not as representatives of the owner of the goods; thus, they were gratuitous passengers and the insurer was not liable to pay compensation under s.147 of the Motor Vehicles Act, 1988.

Court Disposition

Appeal allowed; impugned judgment set aside as far as liability of the appellant is concerned.

Orders

  • The judgment and order of the High Court relating to the liability of the appellant is set aside.
  • No order as to costs.