United India Insurance Co.Ltd vs Minor Mahesh Kanubhai & 2 on 7 April, 2014
In New India Assurance Co. Ltd. v. Vedwati
(supra), it was held thus:
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New India Assurance Co. Ltd vs Vedwati & Ors on 20 February, 2007
National Insurance Company Ltd. ... vs Smt. Leela Alias Vimla on 11 November, 2014
So far as the judgment which is cited on behalf of the owner of the vehicle i.e. Deepak Kumar (supra), is concerned, the same is not applicable in the present case rather does not hold the field good as per the judgment given by the Apex Court in the case of New India Assurance company Ltd. Vs. Vedwati and others, 2007 AICC 635, so the owner of the vehilce, Sri Sanjay Kumar Gupta cannot derive any benefit from the said judgments.
National Insurance Comp.Ltd. Through ... vs Smt. Gita Misha on 6 August, 2012
45. The three judges bench of Apex Court deciding the case of New India Insurance Company Ltd. Vs. Asha Rani and others, 2003 (1) TAC 1, New India Insurance Company Ltd. Vs. Vedwati and others [AIR 2007 SCC 1334[2 Judge Bench] and in M.V. Jayadevappa and others Vs. Oriental Fire and General Insurance Co. Ltd. and others 2005(2) TAC 5 (SC) [3 judges bench]similar view has been taken. In all these cases the passenger was travelling in a goods vehicle but no direction has been issued to insurance company to make the payment of compensation to the claimant under right to recover the amount from owner.
Shriram General Insurance Company Ltd ... vs Chandrashekhar on 21 July, 2025
In the case of New India Assurance
Company Ltd. v. Vedwati and others (2007) 1 ACC 924, the Supreme Court held
that the insurer's policy under Section 147 of the Motor Vehicles Act did not
cover passengers transported in a goods vehicle. I am respectfully in agreement
with the law laid down in the aforesaid case, but the factual matrix here is
different and distinguishable. It is not found proved that the deceased Neelesh and
injured Chandrashekhar were sitting in the offending vehicle as passengers;
therefore, the law laid down in the aforesaid case is not helpful to the appellant-
insurance company.
Bajaj Allianz General Ins. Co. Ltd. vs Kalawati And Ors on 14 November, 2017
Similar view
has been taken in New India Assurance Co. Ltd. V. Vedwati and others,
2007 ACJ 1043; Biju P Thomas v. Chakkappan and Anr., 2008 (4)
Supreme 202, National Insurance Co. Ltd. V. Kaushalaya Devi and
Ors, 2008 (4) Supreme 441 and Division Bench decisions of this Court
in Darshan Singh v. Oriental Insurance Co. Ltd., 2013 (2) JKJ 36 and
S. T. Motors and Ors. V. Shabir Ahmed Lone and Anr., 2017 (3) JKJ
20[HC].
Sushila Devi & Ors. Vs. Ved Parkash & ... vs . Ved Parkash & Ors. ; Bhom Singh & Ors. on 7 October, 2017
12. Yet again in New India Assurance Co. Ltd. v. Vedwati
[(2007) 9 SCC 486 : (2007) 3 Scale 397] this Court held: [Ed.:
Mehjabin & Ors vs The New India Assurance Compan on 12 January, 2016
12. Yet again in New India Assurance Co. Ltd. v.
Vedwati & Ors. [(2007) 3 SCALE 397] this Court
held :
Shriram General Insurance Company Ltd. ... vs Smt. Sona Devi on 21 July, 2025
In the case of New India Assurance
Company Ltd. v. Vedwati and others (2007) 1 ACC 924, the Supreme Court held
that the insurer's policy under Section 147 of the Motor Vehicles Act did not
cover passengers transported in a goods vehicle. I am respectfully in agreement
with the law laid down in the aforesaid case, but the factual matrix here is
different and distinguishable. It is not found proved that the deceased Neelesh and
injured Chandrashekhar were sitting in the offending vehicle as passengers;
therefore, the law laid down in the aforesaid case is not helpful to the appellant-
insurance company.
The Manager vs Kannamma on 24 February, 2020
In view of the dictum laid down by
the Honourable Supreme Court that the gratuitous
passenger travelling in the Tractor is not entitled for
compensation, I am not inclined to rely upon the
judgments produced by the learned counsel for the
Respondent that the Insurance Company has to be directed
to pay the amount and permitted to recover the same form
the owner of the vehicle. In view of the above finding, the
Insurance Company is exonerated from its liability in
paying the compensation amount.’’
The Branch Manager vs Pavunammal on 1 August, 2008
17. The judgment rendered in New India Assurance Company Limited vs.
Vedwati and Others, and other cases referred to in the forgoing paragraphs were
followed by the Supreme Court in yet another decision in National Insurance
Company Limited v. Prema Devi and Others reported in 2008 (1) TN MAC 348. In the
reported case, the claimant was travelling in a goods carriage, as a gratuitous
passenger. She was not travelling in the goods carriage, in the capacity of the
owner of goods or as a representative of the owner of goods. The aspect was also
accepted by the claimant in the claim petition. However, a direction was issued
by the Tribunal to the Insurance Company to pay the compensation and indemnify
the owner. The said order of the Tribunal was affirmed by the Allahabad High
Court. Setting aside the judgment, the Supreme Court observed that it is open to
the claimant to recover the amount awarded from the owners of the offending
vehicles.