Insurance policy covered risk of third parties including unnamed passengers, in respect of which premium was duly paid. Another clause covered “employees” such as driver and cleaner upon payment of additional premium, but such additional premium not paid in respect of this “employees” clause.
While determining that deceased if was an “employee” of assured so as to not be covered by policy, or, fell in category of unnamed passenger, as he was contractually engaged and not a regular employee, the Supreme Court held that insurance company would be liable under policy to pay compensation in case of death to unnamed passengers other than insured and his paid driver or cleaner, deceased being one such unnamed passenger, as premium had been paid in respect of unnamed passengers. Para 43
(2021) 7 SCC 151 [Sushilaben Indravadan Gandhi v. New India Assurance Co. Ltd.]