RAMASHRAY SINGH versus NEW INDIA ASSURANCE CO. LTD. AND ORS.

RAMASHRAY SINGH versus NEW INDIA ASSURANCE CO. LTD. AND ORS.

A policy of insurance is not required to cover liability for employees (other than driver, conductor or ticket examiner) unless additional premium is paid for such coverage and statutory requirements of Motor Vehicles Act and Workmen's Compensation Act are met. Premium paid for 13 passengers and 1 driver does not include Khalasi and no liability arises for his death in the course of employment.

Parties
Appellant: Ramashray Singh; Respondents: New India Assurance Co. Ltd. and Ors.
Jurisdiction
India
Judgment Date
22 July 2003
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Scope of Motor Vehicle Insurance, Employment Liability, Third Party Risk, Workmen's Compensation
Insurance Law Motor Vehicles Law Labour Law Scope of Motor Vehicle Insurance Employment Liability Third Party Risk Workmen's Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Ramashray Singh

Appellant

New India Assurance Co. Ltd. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the insurance policy covers the liability for death/injury to a Khalasi employed in the insured vehicle
  2. 2 Whether premium paid for '13 passengers + 1' includes Khalasi/cleaner
  3. 3 Extent of insurer's liability towards employees of insured as per Motor Vehicles Act, 1988

Ratio Decidendi

A policy of insurance is not required to cover liability for employees (other than driver, conductor or ticket examiner) unless additional premium is paid for such coverage and statutory requirements of Motor Vehicles Act and Workmen's Compensation Act are met. Premium paid for 13 passengers and 1 driver does not include Khalasi and no liability arises for his death in the course of employment.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs