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Directions: Read the following passage and answer the question.
Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.
Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.
Parents of X claimed compensation from the insurer of truck. Decide.
  • a)
    Claim can not be granted.
  • b)
    The driver is liable to pay the compensation and not the insurance company as it was his negligence due to which X was travelling on the terrace of the cabin and fell into the trench.
  • c)
    The insurance amount will be granted and the compensation too, as claimed.
  • d)
    The claim is to be granted but with equal contribution from both the insurance company and the truck driver.
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the following passage and answer the question.Insura...
Gratuitous passengers are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorised representative carried in the vehicle. Also, the persons travelling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Here, X was a gratuitous passenger and was travelling on a goods vehicle not being owner of the goods or authorised representative.
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Community Answer
Directions: Read the following passage and answer the question.Insura...
Understanding the Claim in Context
In this scenario, the claim made by the parents of X for compensation from the insurer of the truck cannot be granted due to specific legal stipulations regarding third party insurance.
Key Points Regarding Third Party Insurance
- Nature of Third Party Insurance:
Third party insurance primarily covers the liability of the insured (in this case, the truck driver) towards third parties who are injured or suffer damages due to the use of the vehicle. However, it does not extend coverage to the insured themselves or to gratuitous passengers.
- Definition of Gratuitous Passengers:
X was hitch-hiking and was not a paying passenger which classifies him as a gratuitous passenger. The legislation clearly states that such passengers are not protected under third party insurance policies.
- Legislative Intent:
The Motor Vehicles Act aims to protect the interests of third parties who suffer injuries due to the negligence of a motorist. Since X was not a legitimate passenger, the rationale behind the insurance does not apply in this situation.
Conclusion
- Given these legal frameworks, the claim by X's parents for compensation from the insurer is not valid. The insurer has no obligation to indemnify for injuries suffered by X while he was hitch-hiking, as he falls outside the purview of third party insurance coverage.
- Therefore, option 'A' is correct: the claim cannot be granted.
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Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.X, a Maharashtrian, was on his own and traveling across Himachal Pradesh. He was hitchhiking from one neighborhood to another. He once overheard a truck driver saying that his vehicle was headed to Manali from Mandi, so he requested him to take him along. As the lorry was fully filled with sacks of cement, the truck driver ordered X to arrange to sit on the terrace of the cabin while he traveled with his two buddies. X consented to carry out this. The driver abruptly hit the brakes while traveling downhill on a curve, causing X to tumble into the trench ahead of the curve. X was discovered dead, hanging from a tree. Parents of X filed a claim for compensation with the trucks insurer. Decide.

Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.[Extracted, with edits and revisions, from, International Journal of Legal Develpoments Insurance of Motor Vehicles against Third Party Risks - Written by Sonia Maan, thelawbrigade.]Q.Mundu was loading a vehicle with massive iron rods that were cylinder-shaped and had sword-like tips on both ends. In the meantime, the truck driver started the ignition to warm up the engine, but because the truck was in gear, it was jolted and the resulting turbulence caused the rods to start to fall out of the truck. After loading all the rods, Mundu was now standing outside the truck with rods sticking out of his body, through his head, and through his stomach. Mundu passed away instantly. Decide.

Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. Shera, by way of sale gave his Range-Rover car along with all relevant documents including the insurance papers to Salman. Salman on second day of the purchase in drunken state crushed & killed slum-dwellers sleeping on footpath. Salman was asked to compensate the family members of the deceased. However, Salman initiated a suit against the insurance company to fulfill the claim as the vehicle was insured. Decide.

Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. Mundu was loading heavy iron rods on a lorry which were cylindrical in shape and were having sword like tip on both ends. Meanwhile, the lorry driver to warm up the engine turned on the ignition, however the lorry being stationed in gear got a jolt due to the same, making enough turbulance that the rods drifted out from lorry. Mundu now was standing out of truck after loading all rods & rods pierced through his body, scrambling his head and puncturing his stomach. Mundu died on the spot. Decide.

Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. Singham was sitting in his car enjoying loud music, while it was parked in the parking-lot of a residential complex. A traffic-police officer was passing by & because of the loud music approached him & asked for the documents of the vehicle. Singham furnished all available documents. The officer found that the insurance of vehicle had expired a day-ago so Singham was issued a challan for the same. Singham challenged the challan in court. Will the challan be cancelled?

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Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.Parents of X claimed compensation from the insurer of truck. Decide.a)Claim can not be granted.b)The driver is liable to pay the compensation and not the insurance company as it was his negligence due to which X was travelling on the terrace of the cabin and fell into the trench.c)The insurance amount will be granted and the compensation too, as claimed.d)The claim is to be granted but with equal contribution from both the insurance company and the truck driver.Correct answer is option 'A'. Can you explain this answer?
Question Description
Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.Parents of X claimed compensation from the insurer of truck. Decide.a)Claim can not be granted.b)The driver is liable to pay the compensation and not the insurance company as it was his negligence due to which X was travelling on the terrace of the cabin and fell into the trench.c)The insurance amount will be granted and the compensation too, as claimed.d)The claim is to be granted but with equal contribution from both the insurance company and the truck driver.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.Parents of X claimed compensation from the insurer of truck. Decide.a)Claim can not be granted.b)The driver is liable to pay the compensation and not the insurance company as it was his negligence due to which X was travelling on the terrace of the cabin and fell into the trench.c)The insurance amount will be granted and the compensation too, as claimed.d)The claim is to be granted but with equal contribution from both the insurance company and the truck driver.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.Parents of X claimed compensation from the insurer of truck. Decide.a)Claim can not be granted.b)The driver is liable to pay the compensation and not the insurance company as it was his negligence due to which X was travelling on the terrace of the cabin and fell into the trench.c)The insurance amount will be granted and the compensation too, as claimed.d)The claim is to be granted but with equal contribution from both the insurance company and the truck driver.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.Parents of X claimed compensation from the insurer of truck. Decide.a)Claim can not be granted.b)The driver is liable to pay the compensation and not the insurance company as it was his negligence due to which X was travelling on the terrace of the cabin and fell into the trench.c)The insurance amount will be granted and the compensation too, as claimed.d)The claim is to be granted but with equal contribution from both the insurance company and the truck driver.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.Parents of X claimed compensation from the insurer of truck. Decide.a)Claim can not be granted.b)The driver is liable to pay the compensation and not the insurance company as it was his negligence due to which X was travelling on the terrace of the cabin and fell into the trench.c)The insurance amount will be granted and the compensation too, as claimed.d)The claim is to be granted but with equal contribution from both the insurance company and the truck driver.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.Parents of X claimed compensation from the insurer of truck. Decide.a)Claim can not be granted.b)The driver is liable to pay the compensation and not the insurance company as it was his negligence due to which X was travelling on the terrace of the cabin and fell into the trench.c)The insurance amount will be granted and the compensation too, as claimed.d)The claim is to be granted but with equal contribution from both the insurance company and the truck driver.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.Parents of X claimed compensation from the insurer of truck. Decide.a)Claim can not be granted.b)The driver is liable to pay the compensation and not the insurance company as it was his negligence due to which X was travelling on the terrace of the cabin and fell into the trench.c)The insurance amount will be granted and the compensation too, as claimed.d)The claim is to be granted but with equal contribution from both the insurance company and the truck driver.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.Parents of X claimed compensation from the insurer of truck. Decide.a)Claim can not be granted.b)The driver is liable to pay the compensation and not the insurance company as it was his negligence due to which X was travelling on the terrace of the cabin and fell into the trench.c)The insurance amount will be granted and the compensation too, as claimed.d)The claim is to be granted but with equal contribution from both the insurance company and the truck driver.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.Insurance is a contract between two persons, an insurer and insured; it is where one person indemnifies the other on payment of consideration which is the premium in the event of happening of uncertain events. There are many kinds of insurances and motor vehicles insurance is one of them and is governed by the Motor Vehicles Act 1939. Every vehicle plying on road has to have compulsory third party insurance so that the insurance company can indemnify the insured against the claims made by the injured person. This was done so that the injured person should not suffer in case the motorist fails to pay to the injured. Under such situations the insurer indemnifies the insured against his liability to third parties. It is known as third party insurance because the beneficiary in this insurance is someone other than the insured and insurer. The liability is fastened on the insurer, and it is unlimited liability in case death or bodily harm is suffered by the third party. Third party insurance is a compulsory insurance under a statute and no person shall use a motor vehicle, except as a passenger, in a public place unless unless there is a policy of insurance complying with the requirements of the MV Act. This has been made amply clear by section 146(1) of the motor vehicles Act, 1988. It will be applicable even when the vehicle is stationary and not moving. The use does not cease on vehicle being immobile or defective. The third party insurance should be from an authorized insurer who is carrying on motor insurance business in India. Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured. However, Gratuitous passengers too are not covered under third party insurance as that would render superfluous the intention of the legislature which has taken within its purview the owner of the goods or his authorized representative carried in the vehicle. Also, the persons traveling in a goods vehicle except owner of the goods or his authorised representative would not be covered by the compulsory third party insurance. Regarding transferability of third party insurance it was held in the year 1980 that motor vehicle insurance being a personal contract, the insured cannot transferred the benefits under the policy without the consent of the insurer, or unless there is a stipulation in the policy itself.Q. X, a native of Maharashtra, was travelling solo in Himachal Pardesh. He was hitch-hiking while moving from one district to another. On an evening, he asked a truck driver to take him along to Manali from Mandi as he overheard that his truck was going there. The truck driver was travelling along with his 2 companions, so he asked X to manage to sit on the terrace of cabin, as the lorry was fully loaded with bags of cement. X agreed to do so. While going downhill on a curve, the driver applied brakes all of a sudden resulting in X falling into the trench facing the curve. X was found hanging on a tree, dead.Parents of X claimed compensation from the insurer of truck. Decide.a)Claim can not be granted.b)The driver is liable to pay the compensation and not the insurance company as it was his negligence due to which X was travelling on the terrace of the cabin and fell into the trench.c)The insurance amount will be granted and the compensation too, as claimed.d)The claim is to be granted but with equal contribution from both the insurance company and the truck driver.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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