Swami Sadashiva Brahmendra Sar (Nil) 18 May 2009
A car driven by it's owner colided with a tree and the owner along with his family members and a friend who were travelling in the car , sustained serious injuries and permanent disabilities . no other vehicle was involved in the accident. the car was comprehensivelly insured. is insurer liable for compensation ?
Swami Sadashiva Brahmendra Sar (Nil) 18 May 2009
question partition:
a) will it make any diference if car would have been insured for third party only ?
b) whether a person taking lift is to be treated diferently from family members of owner of the car ?
adv. rajeev ( rajoo ) (practicing advocate) 19 May 2009
It is a private car, so gratutious passengers are not entittled to claim the compensation, insurance company is not liable to pay the compensation. The important things is that while drafting the petition the necessary avearment is that " Owner for his personal work took the petitioner".
I am representing Ins., co., Petitioner had been to welcome thendeputy chief minister of Karnataka and vehicle met with an accident one person died and 4 others injured. In a cross examination injured petitioner admitted that the vehicle was while board, but the Dist., judge came to the conclusion that Owner of the vehicle took the injured person for his personal work i..e., to welcome the Dy C.M. So insurance co is liable to pay the compensation.
If it is third party insurance u cannot claim the compensation.
LIft taking person will not be treated differently.
Swami Sadashiva Brahmendra Sar (Nil) 19 May 2009
thnk smr. vadrali. let us see what other members opine. the issue involved herein has been referred to larger bench of supreme court.
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