Insofar as the contention regarding the passengers in the goods vehicle being gratuitous, we have to notice the evidence as produced by the second Respondent along with I.A. No. 190303/2022 in C.A. Nos. 6338-6339/2024. The deposition of the claimant injured in the said appeal clearly indicates that he was a fish monger and the basket with fish for sale, was being carried in the goods vehicle, in which the claimant was also accompanying the goods. Likewise in C.A. No. 6340/2024, the deceased passenger was a vegetable hawker, who too accompanied the goods carried in the vehicle. We see from the cross-examination by the learned Counsel for the insurer that the said fact was challenged by way of a suggestion. In the examination-in-chief of the witness for the insurer produced as Annexure- R/13, the Administrative Officer asserted that the passengers were gratuitous. But, in cross-examination he categorically stated that he did not have any knowledge regarding the status of the deceased/injured in the accident and he does not have any information as to whether they were accompanying the goods in the vehicle or not. The suggestion made to the claimant hence has to be ignored. It is pertinent that in the reply to the claim filed, produced as Annexure-R/11, the insurer had raised a contention that if there were goods in the vehicle then the seizure of such goods would have been recorded in the mahazar prepared in the criminal case. However, the insurance company did not take any effort to produce any such mahazar. The claimant while being cross-examined was also not confronted with the records of the criminal case which were produced and marked by the claimants in their evidence. {Para 7}
8. We hence find that the contention raised by the insurer that the deceased/injured in the accident were gratuitous passengers in the vehicle remains in the realm of mere assertion without substantiation. Section 147 which has the nominal heading "Requirements of policies and limits of liability" by Sub-section (1)(b)(i) enables indemnification by the insurer, any liability with respect to the death or bodily injury to third parties and any person including owner of the goods or his authorized representative carried in the motor vehicle.
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 6338-6339 of 2024, 6341 of 2024, 6340 of 2024 and 6342 of 2024
Decided On: 08.08.2025
Brij Bihari Gupta Vs. Manmet and Ors.
Hon'ble Judges/Coram:
K. Vinod Chandran and N.V. Anjaria, JJ.
Author: K. Vinod Chandran, J.
Citation: 2025 INSC 948, MANU/SC/1053/2025.
Print Page