ILC-2011-SC-MAC-Feb-5
United India Insurance Co. Ltd. Vs. K.M. Poonam & others
Insurance Company liable - Compensation to passengers - Travelling in a public transport - Breach of conditions of permit - Insurance policy sitting capacity six persons including driver - Vehicle carrying fifteen passengers - Fell into a ditch - Death majority of passengers - Causing serious injuries - Remaining passengers claim lodged - Tribunal directed - Insurance Co pay compensation to claimants - High court confirmed - Appeal - Liability of the insurer - Confined to number of persons covered by insurance policy - Not beyond the same persons travelling in excess - Entitled compensated by owner - Entitled compensation from insurer recover from owner -Insurance Co deposit total amount awarded - Entitled to recover excess of its liability from owner by execution - Appeals disposed.
Hon'ble Mr. Justice Altamas Kabir , Hon'ble Mr. Justice Cyriac Joseph ,
A.K. De, Keshab Upadhyay, Debasis Misra, Advocates
Topic(s)-Motor Accident Claim , Insurance Company liable
Important Decision(s)-Insurance Company entitled to recover excess of its liability from owner by execution.
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