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Ms.United India Insurance vs Ramachandran on 23 March, 2006 cites

New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001

In support of this contention, the learned Counsel for the appellant would rely on the decision in New India Assurance Co., Ltd., Vs. Asha Rani and others reported in 2003 (2) Supreme Court Cases 223, wherein it has been held by the Honourable Apex Court that the Section 147 of the Motor vehicles Act, 1988, (as it stood prior to 1994 amendment), the Insurance Company is not liable to pay any compensation to the claimants for a gratuitous passenger. The relevant observation in the above said dictum runs as follows:
Supreme Court of India Cites 13 - Cited by 935 - Full Document

National Insurance Co. Ltd. vs Hansi Bisht And Ors. on 15 June, 2004

18. Hence, I hold on the point that the Insurance Company / the appellant is liable to pay the award of compensation in M.C.O.P.No.440 of 1992, dated 31.07.1995 on the file of the Motor Accidents Claims Tribunal - Principal Subordinate Judge, Tiruchirappalli. The 'pay and recovery' theory will not be applicable to the facts of the present case, because the accident had occurred in the year 1990 before the judgment on that aspect were delivered as in National Insurance Co., Ltd., Vs. Hansi Bisht reported in 2005 ACJ 794. The point is answered accordingly.
Uttarakhand High Court Cites 5 - Cited by 3 - R Tandon - Full Document
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