insurance matter on MACT.
V.V.RAMDAS
(Querist) 11 November 2009
This query is : Resolved
Hi friends ,
My problem is that the capsity of a Omini bus is 17+ 8 + 2 workman but the owner had paid the premium for 16 passengers and for 2 workman i.e the driver and conductor. It mate an accsident and about 7 died and 24 passengers were injuured. In the circumstances I would like to know whether the insurance company is liable for payment of compensation to all 25 claimants or is it limited to 16 ? citation please.
adv. rajeev ( rajoo )
(Expert) 11 November 2009
only number persons covered and whose name is appearing in the chargesheet are entittled to get compensation.
But here violation of terms and conditions by the owner of the omni. Hence it is not fit case.
PJANARDHANA REDDY
(Expert) 11 November 2009
ISURANCE COMPANY OBJECT THE CLAIM ITSELF,BUT LET US TRY IN GETTING THE COMPENSATION TO OTHERS ALSO BY QUOTING RELAVANT SC CITATIONS,SINCE THE VICTIMS ARE INNOCENT PASSENGER WHO R NOT AWARE OF CAPASITY ( OWNER HAS TO PAY), UNDER PNJ
Raj Kumar Makkad
(Expert) 11 November 2009
so far victims are concerned, definitely they shall get the compensation. It might be paid by owners or insurance company but the claimants have no effect of the position. Here quarry is regarding the violation of terms of contrac entered between the insured and insurance company. Definitely the company is liable only upto the passangers insured and the balance liablity shall have to be borne by the owner himself. The company cannot refuse to have any liability under the garb of its violation. This violation is not sufficient to discard the liability of the insurance company.
V.V.RAMDAS
(Querist) 12 November 2009
Dear Mr Raj,
Thanks a lot for your anlytical answer.
