In Brief
A widow claimed compensation for her son's death in a motor accident caused by negligent driving. The Tribunal awarded Rs. 1,88,600/- from the insurer alone. On appeal, the insurer contended that the policy was act-only (not covering gratuitous passengers) and that non-production of documents by the vehicle owner warranted adverse inference. The Court held that the Tribunal violated procedural law by failing to draw adverse inference and by not reserving the insurer's right to recover from the owner under Section 149(2) of the Motor Vehicles Act. Since the 'gratuitous passenger' issue was not properly pleaded, the Court remanded the case for fresh consideration, dismissing the claimant's Cross Objection for enhancement as unmaintainable."
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