Motor vehicles act
Rahul Singh
(Querist) 21 October 2011
This query is : Resolved
A jeep is insured as pvt.vehicle with 9 person as seating capacity,but at the time of accident was used as transport vehicle carrying passengers.All filed claim seperately.Matters were consolidated toghter.In 3 cases the claimants said that they were travelling as passengers but in rest claim it was not mentioned.Court in its judgment held the Breach of policy condition,in 3 cases absolved the insurance co.but in rest cases held the ins.co.liable to pay stating that as it was not stated that they were travelling as gratituos passengers.To me the judg. is not correct. Kindly advise & give ruling early as the matter is very urgent?
prabhakar singh
(Expert) 24 October 2011
In a jeep registered as private vehicle,the most expected and natural phenomena would be to carry the ' gratuitous 'passengers BUT IT CAN NOT BE DENIED THAT EVEN IN THOSE VEHICLES, DRIVERS EXCEPTIONALLY ADMIT PASSENGERS ON PAYMENT OF FARE;IF SO IS THE EVIDENCE, THE COURT'S CONCLUSION BASED ON EVIDENCE DOES NOT SOUND STRANGE.
