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Documents citing New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001

United India Insurance Company Ltd vs Nirmla Devi And Others on 24 September, 2019

(SC), cannot be taken as a precedent to conclude that the Insurance Company would be liable to pay the compensation even in respect of an unauthorized passenger, in a goods vehicle, in the light of categorical pronouncement of larger bench of the Hon'ble Supreme Court in New India Assurance Company Vs. Asha Rani, 2003 ACJ 1(SC) and National Insurance Company Ltd., Vs. Baljit Kaur, 2004 ACJ 428 (SC). We therefore conclude that the Tribunal, in the case on hand, was not right in directing the Insurance Company to pay the compensation and giving it the liberty to recover the same from the owner."
Himachal Pradesh High Court Cites 35 - Cited by 0 - T S Chauhan - Full Document

National Insurance Co. Ltd. vs Mintu Debnath And Ors. on 8 January, 2007

21. Replying on the decision in the case of New India Assurance Co. Ltd. v. Asha Rani and Ors. (supra), the Apex Court in the case of Oriental Insurance Co. Ltd. v. Devireddy Konda Reddy and Ors. , held, inter alia, that Section 147 of the 1988 Act mandates compulsory coverage against death of or bodily injury to any passenger of "public service vehicle". The proviso makes it further clear that compulsory coverage in respect of drivers and conductors of public service vehicle and employees carried in goods vehicle would be limited to liability under the Workmen's Compensation Act, 1923. There is no reference to any passenger in "goods carriage" vehicle. The inevitable conclusion, therefore, is that provisions of the Act do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods carriage and the insurer would have no liability therefore.
Gauhati High Court Cites 25 - Cited by 3 - H N Sarma - Full Document

National Insurance Company Ltd. vs Mintu Debnath And Anr. on 12 January, 2007

Relying on the decision in the case of New India Assurance Co. Ltd. v. Asha Rani and Ors. (supra), the Apex Court in the case of Oriental Insurance Co. Ltd. v. Devireddy Konda Reddy and Ors. , held, inter alia, that Section 147 of the 1988 Act mandates compulsory coverage against death of or bodily injury to any passenger of "public service vehicle". The proviso makes it further clear that compulsory coverage in respect of drivers and conductors of public service vehicle and employees carried in goods vehicle would be limited to liability under the Workmen's Compensation Act, 1923. There is no reference to any passenger in "goods carriage" vehicle. The inevitable conclusion, therefore, is that provisions of the Act do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger traveling in a goods carriage and the insurer would have no liability, therefore.
Gauhati High Court Cites 25 - Cited by 1 - H N Sarma - Full Document

M/S.National Insurance Co.Ltd vs Siva Basamma on 6 October, 2023

41. Therefore, in view of the authoritative pronouncement of the Full Bench of this Court in United India Insurance company Vs. Nagammal and others referred to supra, it is to be seen as to whether the law laid down in New India Assurance Company Vs. Asha Rani and others reported in 2003 (2) SCC 223 (Larger Bench), National Insurance Company Ltd., Vs. Baljit Kaur and others reported in 2004 (2) SCC 1 and United India Insurance company Vs. Nagammal and others reported in 2009 (1) CTC 1 (Full Bench) has been faulted subsequently by the Hon'ble Supreme Court.
Madras High Court Cites 7 - Cited by 0 - M Dhandapani - Full Document

The United India Insurance Co.Ltd vs Karuppasamy on 20 October, 2023

41. Therefore, in view of the authoritative pronouncement of the Full Bench of this Court in United India Insurance company Vs. Nagammal and others referred to supra, it is to be seen as to whether the law laid down in New India Assurance Company Vs. Asha Rani and others reported in 2003 (2) SCC 223 (Larger Bench), National Insurance Company Ltd., Vs. Baljit Kaur and others reported in 2004 (2) SCC 1 and United India Insurance company Vs. Nagammal and others reported in 2009 (1) CTC 1 (Full Bench) has been faulted subsequently by the Hon'ble Supreme Court.
Madras High Court Cites 8 - Cited by 0 - M Dhandapani - Full Document

Kesavan vs Ibrahim on 7 November, 2023

41. Therefore, in view of the authoritative pronouncement of the Full Bench of this Court in United India Insurance company Vs. Nagammal and others referred to supra, it is to be seen as to whether the law laid down in New India Assurance Company Vs. Asha Rani and others reported in 2003 (2) SCC 223 (Larger Bench), National Insurance Company Ltd., Vs. Baljit Kaur and others reported in 2004 (2) SCC 1 and United India Insurance company Vs. Nagammal and others reported in 2009 (1) CTC 1 (Full Bench) has been faulted subsequently by the Hon'ble Supreme Court.
Madras High Court Cites 7 - Cited by 0 - M Dhandapani - Full Document

United India Insurance Co.Ltd vs Minor Mahesh Kanubhai & 2 on 7 April, 2014

Reliance was placed upon the decision of the Supreme Court in the case of New India Assurance Company Ltd. v. Asha Rani, AIR 2003 SC 607, wherein the court has held that in view of the changes in the relevant provisions in the Act of 1988 vis-a-vis the Act of 1939, the meaning of the words "any person" must also be attributed having regard to the context in which they have been used i.e. 'a third party'. Keeping in view the provisions of the Act of 1988, the court was of the opinion that as the provisions thereof do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods vehicle, the insurers would not be liable therefor.
Gujarat High Court Cites 102 - Cited by 8 - H Devani - Full Document

Kalyan Singh Chauhan (Since Dead ... vs M/S P.K. Construction & Others on 7 April, 2026

12. We find ourselves unable, furthermore, to countenance the contention of the respondents that the words "any person" as used in Section 147 of the Motor Vehicles Act, would be rendered otiose by an interpretation that removed gratuitous NEUTRAL CITATION NO: 2023: DHC: 2763 passengers from the ambit of the same. It was observed by this Court in the case concerning New India Assurance Co. Ltd. Vs. Asha Rani (supra) that the true purport of the words "any person" is to be found in the liability of the insurer for third party risk, which was sought to be provided for by the enactment.
Himachal Pradesh High Court Cites 11 - Cited by 0 - S Kukreja - Full Document
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