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Oriental Fire And General Insurance Co. ... vs M. Bhanumathi And Others on 28 December, 1989

17. Next we come to Oriental Fire and General Insurance Co. v. M. Chandra Rao, 1986 (2) An LT 606. In a batch of appeals which were decided by the learned single Judge, one of the questions was whether passengers carried in a goods vehicle the or injured due to the accident are liable to be compensated by the Insurance Company under S.95 of the Motor Vehicles Act. The learned single Judge, after a very elaborate consideration of Ss. 95 and 96 of the Act held that they are covered by the Act policy and the Insurance Company is liable and that a condition in the policy that the Insurance Company will not cover the liability of persons carried in the vehicle for hire or reward contrary to the conditions of the permit would not be valid. With great respect, we are unable to agree with this decision.
Andhra HC (Pre-Telangana) Cites 12 - Cited by 26 - Full Document

Oriental Fire And Genl. Ins. Co. Ltd. vs Ponugoti Ramanamma And Ors. on 30 January, 1989

In view of the fact that my learned brother Jagannadha Rao, J. also after exhaustive consideration of the case law in Oriental Fire & General Insurance Co. Ltd. v. Matta Chandra Rao 1987 ACJ 174 (AP), took the view that the owner of the goods which are transported in the goods vehicle travelling in the vehicle is covered by the Act policy and the insurance company is liable, I do not consider it necessary to refer to all the other cases. With respect I agree with the view taken by the learned Judge as well as by the learned Judges of the Karnataka and Rajasthan High Courts.
Andhra HC (Pre-Telangana) Cites 13 - Cited by 3 - S S Quadri - Full Document

Oriental Fire & General Insurance ... vs Bondili Sitharam Singh And Others on 10 January, 1995

In so holding, the Division Bench disagreed with the views of M. Jagannadha Rao, J., (as he then was) in Oriental Fire & General Insurance Co. Ltd. v. Matta Chandra Rao, 1987 Ace CJ 174 that passengers carried in a goods vehicle who died or were injured due to the accident were covered by the Act Policy and that the insurance company would be liable and that a condition in the policy that the insurance company would not cover the liability of persons carried in the vehicle for hire or reward contrary to the conditions of the permit would not be valid. However, I have to observe, with respect, that the view of M. Jagannadha Rao, J., were obiter because the two policemen who were given a lift by the goods vehicle in that case were found to be gratuitous passengers and the learned Judge held that the insurance company was not . liable.
Andhra HC (Pre-Telangana) Cites 18 - Cited by 7 - Full Document

Oriental Insurance Co. Ltd. vs Rukmani Chandrabhan Patil And Ors. on 11 September, 1992

13. In the case of Oriental Fire and General Ins. Co. Ltd. v. Malta Chandra Rao 1987 ACJ 174 (AP), the High Court of Andhra Pradesh observed that when the insurance company pleads that there has been a breach of conditions of the insurance policy because the passengers that were carried were gratuitous passengers, it is for the insurance company to establish the same breach.
Bombay High Court Cites 16 - Cited by 1 - Full Document

Baldev Singh And Anr. vs Smt. Vidya Devi And Anr. on 4 April, 1991

The Oriental Fire and General Insurance Ltd. v. Matta Chandra Rao, (1987) 2 A.C.C. 28, Vivek Kumar v. Kasturabai, (1987) 2 A.C.C. 362, and Hullanbai v. Jagdish Prasad, 1991 A.C.J. 198, for the proposition that if a labourer is engaged for leading and unloading of the truck, the Insurance Company is liable He has also invited my attention to the policy, Annexure P/2, according to which six labourers are allowed. He further submits that the labourer had died.
Punjab-Haryana High Court Cites 7 - Cited by 7 - Full Document
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