In Tilak Singh (supra) the pivotal issue was whether a statutory insurance policy under the MV Act, 1988 intended to cover risk to life or damage to properties of third parties would cover the risk of death or injury to a gratuitous passenger carried in a private vehicle. It was held as hereunder; “21. In our view, although the observations made in Asha Rani case [(2003) 2 SCC 223 : 2003 SCC (Cri) 493] were in connection with carrying passengers in a goods vehicle, the same would apply with equal force to gratuitous passengers in any other vehicle also. Thus, we must uphold the contention of the appellant Insurance Company that it owed no liability towards the injuries suffered by the deceased Rajinder Singh who was a pillion rider, as the insurance policy was a statutory policy, and hence it did not cover the risk of death of or bodily injury to a gratuitous passenger.”
THE HIGH COURT OF SIKKIM : GANGTOK
(Civil Appellate Jurisdiction)
MAC App. No.08 of 2023
Jai Bahadur Subba and Others Vs SBI General Insurance Company Ltd.
SINGLE BENCH : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
DATED : 5th June, 2024
Read full judgment here: Click here.
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