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Donald Kulbhushan Bara vs B.M. Dava Vibhag National Insurance ... on 26 April, 2017 cites

B.V. Nagaraju vs M/S. Oriental Insurance Co. ... on 20 May, 1996

A perusal of the decision of the Hon'ble Apex Court in B.V. Nagaraju (supra) would show that at the time the vehicle met with an accident, it was carrying not only 9 persons including the driver of the vehicle but also the goods belonging to the persons who were travelling in the vehicle. The fact that the vehicle was carrying only the goods and the owners of those goods clearly shows that primarily it was being used as a goods carrying vehicle and not as a passenger vehicle. The learned counsel for the petitioner draws my attention to para 7 of the decision whether the Hon'ble Apex Court interalia observed that the workmen who were travelling in the vehicle are assumed not to have increased any risk from the point of view of the insurance company on occurring of an accident and therefore, they could not have contributed to the causing of the accident. It was also noticed by the Hon'ble Apex Court that it was not the case of anybody that the driver was responsible for the accident.
Supreme Court of India Cites 4 - Cited by 21 - M M Punchhi - Full Document

National Insurance Co. Ltd vs Savitri Devi And Ors on 5 January, 2004

"8. After having gone through the award of the Claims Tribunal and the judgment and order National Insurance Co. Ltd. V. Savitri Devi, FAO No.143 of 2000, decided on 28-7-2005 (HP), passed by the learned Single Judge of the High Court, we are not able to understand as to how it has been found that the appellant Insurance Company can still be held liable to pay the amount of compensation as there has been a categorical finding by both the courts recording that the vehicle in question was insured only as "goods carrying vehicle". The custom of carrying barat in the village on the said truck will not be sufficient to hold the appellant Insurance Company liable to pay the amount of compensation. Admittedly, the appellant Insurance Company would not know unless the accident takes place as to for what purpose the vehicle in question was being used. The terms and conditions of the insurance policy are very clear and categorical and it creates a specific bar on carrying of any passengers, except the employees other than the driver, not exceeding six // 14 // (6) in number, who should also come under the purview of the Workmen's Compensation Act.
Supreme Court of India Cites 0 - Cited by 85 - Full Document

Oriental Insurance Co. Ltd. vs Shyam Sunder on 5 May, 2014

He placed reliance on Dr. Tarunjit Dutta Roy Vs. The Branch Manager, The New India Assurance Company Limited, 2013 NCJ 418 (NC); Oriental Insurance Company Limited Vs. Shyam Sunder, II (2014) CPJ 567 (NC); National Insurance Company Limited Vs. Meena Agrawal, 2009 ACJ 666 (SC); T.N. Das Vs. Oriental Insurance Company Limited & Ors. IV (2012) CPJ 438 (NC); Regional Manager Oriental Insurance Company Limited &Another Vs. Pramod Kumar Nahak, 2013 (1) C.G.L.J. 1 (CCC) decided by this Commission on 21.05.2012.
National Consumer Disputes Redressal Cites 4 - Cited by 17 - Full Document
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