Case Law Analysis
|Bombay High Court
Motor Insurance Liability | Insurer Must Prove Policy Exclusion for Gratuitous Passengers Under Section 149 MV Act : Bombay HC Nagpur Bench
The Bombay High Court ruled that insurers cannot deny liability for injuries to gratuitous passengers merely by alleging policy exclusions-they must produce the actual policy terms and prove the exclusion was clearly communicated and paid for. This shifts the burden of proof squarely onto insurers, protecting innocent passengers in rural and informal transport settings where coverage is often assumed.