United India Insurance Co.Ltd vs Minor Mahesh Kanubhai & 2 on 7 April, 2014
9.2 Reference was made to the decision of the Supreme
Court in the case of Deddappa & Ors. v. Branch Manager,
National Insurance Co. Ltd., 2008 (3) G.L.H. 168, which
was a case wherein the insurance company had taken a plea
that although the vehicle in question was insured by the owner
for the relevant period, but the cheque issued having been
dishonoured, the policy was cancelled and thus, it was not
liable therefor. The Supreme Court held that there is no doubt
that beneficial legislations should have liberal construction with
a view to implementing the legislative intent but where such
beneficial legislation has a scheme of its own, there is no
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warrant for the court to travel beyond the scheme and extend
the scope of the statute on the pretext of extending the
statutory benefit to those who are not covered by the scheme.
Mr. Nanavati submitted that the gratuitous passengers in any
vehicle, including a goods carriage, are not statutorily covered
under section 147(3) of the Act and as such, there is no
warrant for the court to travel beyond the scheme and extend
the statute on the pretext of extending the statutory benefit to
gratuitous passengers who are not covered by the scheme.