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    <title>2008 (12) TMI 826 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=307538</link>
    <description>An insurer is not liable to satisfy a motor accident award where the pleadings and contemporaneous record show that occupants of a goods vehicle were gratuitous passengers and not representatives of the owner of the goods. The Court treated admissions in the claim petition and FIR as admissible evidence and found that later contrary assertions were unsupported by the record. It also held that, once sufficient material already establishes gratuitous travel, the insurer need not always lead separate direct evidence to prove breach. On these facts, the occupants could not be treated as covered passengers, and the insurer was not liable to pay compensation.</description>
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    <pubDate>Thu, 18 Dec 2008 00:00:00 +0530</pubDate>
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      <title>2008 (12) TMI 826 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=307538</link>
      <description>An insurer is not liable to satisfy a motor accident award where the pleadings and contemporaneous record show that occupants of a goods vehicle were gratuitous passengers and not representatives of the owner of the goods. The Court treated admissions in the claim petition and FIR as admissible evidence and found that later contrary assertions were unsupported by the record. It also held that, once sufficient material already establishes gratuitous travel, the insurer need not always lead separate direct evidence to prove breach. On these facts, the occupants could not be treated as covered passengers, and the insurer was not liable to pay compensation.</description>
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      <pubDate>Thu, 18 Dec 2008 00:00:00 +0530</pubDate>
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