SRI PRAMOD KUMAR AGRAWAL AND ORS. versus SMT. MUSHTARI BEGUM AND ORS.

SRI PRAMOD KUMAR AGRAWAL AND ORS. versus SMT. MUSHTARI BEGUM AND ORS.

Insurer is not liable to indemnify compensation for passengers in a goods vehicle not covered by policy under Section 147 of the Motor Vehicles Act as amended; compensation must initially be paid by insurer to claimants, with right of recovery from owner through Executing Court.

Parties
Appellant: Pramod Kumar Agrawal; Appellant: Kamal Kumar Agrawal; Respondent: Mushtari Begum; Respondent: United India Insurance Company Ltd.; Respondent: Other claimants and respondents; Appellant: Balraj Dewan
Jurisdiction
India
Judgment Date
18 August 2004
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeal disposed of. Judgment of High Court upheld.
Legal Topics
Insurance Liability, Compensation in Motor Accident Claims, Section 147 Motor Vehicles Act, Insurer's Liability for Passengers in Goods Vehicle, Amendment Act 1994
Motor Vehicle Accident Law Insurance Liability Compensation in Motor Accident Claims Section 147 Motor Vehicles Act Insurer's Liability for Passengers in Goods Vehicle Amendment Act 1994

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Parties

Pramod Kumar Agrawal

Appellant

Kamal Kumar Agrawal

Appellant

Mushtari Begum

Respondent

United India Insurance Company Ltd.

Respondent

Other claimants and respondents

Respondent

Balraj Dewan

Appellant

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Liability of insurer to pay compensation for death of passenger in goods vehicle under Section 147, Motor Vehicles Act, as amended in 1994

Ratio Decidendi

Insurer is not liable to indemnify compensation for passengers in a goods vehicle not covered by policy under Section 147 of the Motor Vehicles Act as amended; compensation must initially be paid by insurer to claimants, with right of recovery from owner through Executing Court.

Court Disposition

Appeal disposed of. Judgment of High Court upheld.

Orders

  • Insurer to pay compensation fixed by Tribunal to claimants within three months.
  • Owner to furnish security for entire amount before release to claimants; offending vehicle to be attached as part of security.