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The appeals arise from the orders of the High Court of
Chhattisgarh at Bilaspur, wherein the order of the Motor
Accidents Claims Tribunal granting compensation with
respect to the death/injuries suffered in a motor vehicle
C. A. No. 6338-39 of 2024 & Ors.
and the claimants. There were a total of 11 claim petitions
before the Tribunal out of which the insurance company
choose to challenge the award in only three such claim
petitions. The challenge was on the ground of there being
no liability to indemnify, since the injured were gratuitous
passengers in the goods vehicle and the driver was in
possession and ownership of the vehicle on the strength of
an agreement with the registered owner, while the policy
was in the name of the registered owner. Before the
Tribunal, though these contentions were taken,
compensation was awarded and the registered owner, the
driver alleged to be the ostensible owner and the insurance
company were made jointly and severally liable.
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