Insurer cannot claim exemption in absence of material to show that passenger was a gratuitous

Last updated: 10 February 2023

Save Share

Quick Summary

The Guwahati High Court dismissed an insurer's appeal against a compensation award for a passenger injured in a truck accident. The insurer argued the passenger was 'gratuitous' and thus not entitled to compensation. However, the court found no evidence to support this claim. The insurance policy covered employees, and the insurer failed to provide material to prove the injured person was merely taking a lift.

Court :
Guwahati High Court

Brief :
The court rightly pointed out that a "Gratuitous Passenger" is that person who has taken lift in the vehicle. Since insurance company has not material substance to prove that the person injured is a Gratuitous Passenger and hence cannot claim repudiate the claim of the passenger in the vehicle at the time of accident.

Citation :
CASE NO. : MACAPP./84/2013

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?

No Ads
WhatsApp Community
Daily E-Newsletter
Unlimited Judgements Access
Profile Visitors
Link Social Profiles
Featured Job Posts
Pro Badge
Expert GST Guidance
Unlimited Forum Replies
Download Content in PDF

1 Year PLAN - Rs.~~1999~~

1799

(Excl. of GST ₹323)

2 Years PLAN - Rs.~~3499~~

3149

(Excl. of GST ₹566)

BEST VALUE

3 Years PLAN - Rs.~~4999~~

4499

(Excl. of GST ₹809)

View all CCI PRO benefits

Already a PRO member? Login here for an ad-free experience. 07941056694

384 Views Comment Share Corporate Law Report

Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

View Judgements

Comments