In which circumstances, Insurer is liable to pay compensation when injured claimant or deceased was travelling in the goods vehicle:

In which circumstances, Insurer is liable to pay compensation when injured claimant or deceased was travelling in the goods vehicle:

It is the duty of the insurer to prove that injured claimant or

deceased was travelling in the goods vehicle and, therefore, it is not liable to pay the amount of compensation, unless, same has been proved, insurer is liable to pay amount of compensation.

To decide whether, injured claimant or deceased was travelling in

the goods vehicle or not, Panchnama of scene of accident plays very vital role. If, after reading Panchnama, it appears that there were goods loaded in the vehicle or were found lying at the sight of accident then it can be presumed that vehicle was used for carrying goods. However, there are some points, which are required to be considered before fastening liability on insurer, which are Whether injured claimant or deceased was travelling in the cabin of the goods vehicle or not. If, injured claimant or

deceased was travelling in the cabin of the goods, insurer is

liable otherwise not. Reference be made to ratio laid down by

Hon'ble Apex Court in the case of National Insurance Co. Ltd.

v/s Cholleti Bharatamma, reported in AIR 2008 SC 484.

Hon'ble Gujarat High Court in the case of U.I.I.Com. V/s

Minor Mahesh Kanubhai, passed in First Appeal No.710 of

2007, dated 7th April, 2014 has held that when it is proved that

the victims of the motor accident were gratuitous passenger in

the offending vehicle, order of 'Pay and Recover' can passed.

In the Manuara Khatun vs. Rajesh Kr. Singh, reported in AIR

2017 SC 1204, Hon'ble Supreme Court has held that the

deceased who was travelling in the goods vehicle can be termed

as a gratuitous passenger and not covered under the insurance

policy and, therefore, Insurance Company is exonerated, but

directed to pay the amount of compensation to claimants with

the right to recover the same from the insured. Similar view has

been taken in the case of Lal Singh Marabi v/s N.I. Com.,

reported in 2017 (5) SCC 82.

 Whether the insurer is liable in a case where the injured

claimant or deceased was travelling in the goods vehicle as the labourer of the owner of the goods or the hirer:

If it is proved that injured claimant or deceased

was traveling in the goods vehicle as the labourer of the

owner of the goods then insurer is liable to pay amount of

compensation, even if owner of the vehicle has taken the

Statutory Policy. But insurer is not liable in the cases

where injured claimant or deceased was travelling in the

goods vehicle as the labourer of the hirer and vehicle is

covered with the Act Only Policy. Reference be made to

the ratio laid down in the case of Sanjeev Kumar Samrat

v/s National Insurance Co. Ltd, reported in AIR 2013 SCW

301, wherein it is held that:“

the Act policy does not cover all kinds of employees. Thus,

on a contextual reading of the provision, schematic analysis

of the Act and the Workmen's Compensation Act, 1923 it is

quite limpid that the statutory policy only covers the

employees of the insured, either employed or engaged by him

in a goods carriage. It does not cover any other kind of

employee and therefore, someone who travels not being an

authorized agent in place of the owner of goods, and claims

to be an employee of the owner of goods, cannot be covered

by the statutory policy”.

 Whether insurer is liable in the case where injured claimant or deceased was travelling in the goods vehicle as the owner or representative of the goods:

If it is proved that the injured claimant or deceased was

travelling in the goods vehicle as the owner or representative of

the goods, insurer is liable to pay amount of compensation

otherwise not. Reference be made to ratio laid own in the case

of New India Insurance Company v/s Darshana Devi, reported

in AIR 2008 (Supp) SC 1639.

 Whether injured claimant or deceased was travelling in

Tractor/trolley is entitled to get amount of compensation:

Normally, Tractortrailer/ trolley is used for agricultural

purpose and if it found that same was used for agricultural

purpose and same is covered by the 'Farmer Comprehensive

Policy' or the 'Farmer Package Policy', in such situation,

insurer is liable to pay compensation. If the above referred two

conditions are not fulfilled, insurer can not be held responsible

to pay amount of compensation.

It is also to be noted that in the Annexure of Indian

Motor Tariff, list of Miscellaneous and Special types of vehicles

is given. As per the said list tractors can be used for Agricultural,

and if, Trolley is attached to such Tractor, same may be used for

carrying goods. As per the said list there is one another kind of

Tractor, which is 'Traction Engine Tractor'.