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1 - 10 of 10 (0.42 seconds)New India Assurance Compafiy vs Shri Satpal Singh And Ors on 2 December, 1999
29. We may consider the matter from another
angle. Section 149(2) of the 1988 Act enables the
insurers to raise defences against the claim of the
claimants. In terms of clause (c) of sub-section
(2) of section 149 of the Act one of the defences
which is available to the insurer is that the
vehicle in question has been used for a purpose
not allowed by the permit under which the
vehicle was used. Such a statutory defence
available to the insurer would be obliterated in
view of the decision of this Court in Satpal
Singh's case (supra)."
The Employee's Compensation Act, 1923
M/S. National Insurance Co. Ltd vs Baljit Kaur And Ors on 6 January, 2004
The effect of 1994 amendment came up for consideration before a 3-
Judge Bench of this Court in National Insurance Co. Ltd. Vs. Baljit Kaur
and Others [(2004) 2 SCC 1] wherein again it was held:
New India Ass. Co. Ltd vs Asha Rani & Ors on 3 December, 2002
A tractor fitted with a trailer may or may not answer the definition of
goods carriage contained in Section 2(14) of the Motor Vehicles Act. The
tractor was meant to be used for agricultural purposes. The trailer attached
to the tractor, thus, necessarily is required to be used for agricultural
purposes, unless registered otherwise. It may be, as has been contended by
Mrs. K. Sharda Devi, that carriage of vegetables being agricultural produce
would lead to an inference that the tractor was being used for agricultural
purposes but the same by itself would not be construed to mean that the
tractor and trailer can be used for carriage of goods by another person for his
business activities. The deceased was a businessman. He used to deal in
vegetables. After he purchased the vegetables, he was to transport the same
to market for the purpose of sale thereof and not for any agricultural
purpose. The tractor and trailer, therefore, were not being used for
agricultural purposes. However, even if it be assumed that the trailer would
answer the description of the "goods carriage" as contained in Section 2(14)
of the Motor Vehicles Act, the case would be covered by the decisions of
this Court in Asha Rani (supra) and other decisions following the same, as
the accident had taken place on 24.11.1991, i.e., much prior to coming into
force of 1994 amendment.
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
The Amending Act, 1897
Section 95 in The Motor Vehicles Act, 1988 [Entire Act]
Oriental Insurance Company Ltd vs Devireddy Konda Reddy & ... on 24 January, 2003
Asha Rani (supra) was followed by this Court in Oriental Insurance
Co. Ltd. Vs. Devireddy Konda Reddy and Others [(2003) 2 SCC 339]
holding:
National Insurance Co.Ltd vs Ajit Kumar And Ors on 2 September, 2003
Yet again in National Insurance Co. Ltd. Vs. Ajit Kumar and Ors. [JT
2003 (7) SC 520] this Court held:
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