Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Insurance Aircraft Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Aircraft Act, 1934 (22 of 1934) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Insurance – Aircraft Act, 1934 – Aircraft Rules, 1937 – Claimfiled by respondent no. 1 pertaining to an aviation accident leadingto the death of her son – The appellant-insurer repudiated the claimon the basis that the deceased was travelling in a motorized gliderfor sightseeing and hence was not travelling in a standard aircraftand was further not a fare-paying passenger in any regularscheduled airline or air charter company, which excluded theaccident from the purview of the policy – The National Commissiondirected the insurer to pay an amount of Rs. 1 crore – On appeal,held: The fact that the glider was motorized would not imply that itwas not an aircraft – The terms ‘aircraft’ and ‘glider’ have not beendefined within the policy – Even the aviation inspection report ofTransport Safety Board of Canada unequivocally referred to theglider as an ‘aircraft’ repeatedly – Therefore, glider in questionmust be regarded as an aircraft under the policy – The policy itselfdoes not define what a ‘standard type of aircraft’ is – The 1937Rules do not maintain any uniform categorisation between poweredand non-powered aircraft, far from terming any of these as ‘standard’or ‘non-standard’ – The National Commission rightly concludedthat had the insurer really intended to exclude gliding activity fromthe purview of the policy, it could have done so expressly, similar tothe manner in which hang-gliding and para-gliding were excluded– Similarly, insurer could have defined the phrase ‘standard typeof aircraft’ in the policy, but it chose not to – Now, it is not open tothe insurer to reject a claim by arguing that a glider is not a standardaircraft by virtue of not principally being a powered aircraft –International Civil Aviation Organisation defines a chartered flightas a non-scheduled operation using a chartered aircraft – A charteris stated to be a contractual arrangement between an air carrierand an entity hiring or leasing its aircraft – In the instant caseoffering sightseeing services on a glider plane for a fixedconsideration, the aircraft was given on hire, this practice mayconstitute on own-use charter – The Company offering service wasan incorporated Company – Further, policy omitted to define ‘aircharter company’, therefore the benefit of the ambiguity in meaningwill to go the claimant – Insofar as argument that deceased was nota passenger is concerned, the purpose for the journey was to flyover various scenic spots, and after completion, the glider was toreturn to a designated location, presumably from where it took off –Thus, the deceased was a fare-paying passenger on the glider inquestion – Therefore, the accident out of which the instant claimarose was completely covered under the ambit of the policy – Noreason to interfere with the impugned judgment – Aeronautics Act,1985 of Canada |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2020 INSC 148 |
Petitioner | Bharti Axa General Insurance Co. Ltd. |
Respondent | Priya Paul & Anr. |
SCR | [2020] 7 S.C.R. 583 |
Judgement Date | 2020-02-07 |
Case Number | 3346 |
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