motor vehicle accident

Ambika.S (Querist) 06 July 2008 This query is : Resolved
whether passenger in the vehicle insured is covered under third party risk?
There is a case wherein the passenger was traveling in Tata Sumo an accident took place and was greviously hurt. The passenger is claiming under the Motor Vehicle Act from the insurer as the said vehilce was insured by a insurance company for third party insurance.

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KamalNayanSaxena (Expert) 07 July 2008
Yes.

Guest (Expert) 07 July 2008
If the treveller was travelling for a fare or consideration then the Insurer is responsible.

arunprakaash.m. (Expert) 07 July 2008
Yes the very pupose of insurence under motor vehicles act is for the benifit of the third party.

H. S. Thukral (Expert) 07 July 2008
It will depend upon the terms of policy. Usually insurance for the driver comes with the policy and if the passengers are to be covered then terms of the policy should state so.

Manish Singh (Expert) 07 July 2008
there is a recent verdict of the supreme cpurt in this regard that if the insurance policy covers third party insurance, then the third party in the accident shall be made covered under the insurance claim.

amit gupta_lawyer (Expert) 07 July 2008
plss go through this recent hudgement on overloading passenger

http://lawyersclubindia.com/share_files/files_download.asp?files_id=1121

Guest (Expert) 09 July 2008
Thank you Sri Amit Gupta. recent judgment was very useful personally.

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