Friday, December 23, 2011

Insurance company could not be held liable for compensation for accidental death of a traveler in a goods vehicle

While adjudicating FIRST APPEAL No. 1361 of 1997 against an impugned order of Motor Accident Claims Tribunal, the Hon. Mr. Justice K.S. Zhaveri of Gujarat High Court has observed that "It is not in dispute that the vehicle (Truck) in question in which the deceased was travelling was a 'goods vehicle'. Under the circumstances, the appellant-Insurance Company could not be held liable in view of the principle laid down in National Insurance Company Limited v. Rattani & Ors. (2009) 2 SCC 75, in respect of the victim father of original claimant was travelling in a goods vehicle like Truck "

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