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1 - 10 of 10 (0.21 seconds)Section 145 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Mukund Dewangan vs Oriental Ins.Co.Ltd on 11 February, 2016
17. The Hon'ble Apex Court in Mukund Dewangan (supra),
considered the similar situation and discussed at length about
the liability of the insurance company and arrived at a
conclusion by answering the question that was referred to, as
under:
United India Insurance Co. Ltd., Shimla vs Tilak Singh And Ors on 4 April, 2006
21. The decision of the Apex Court in Tilak Singh (supra)
and the decision of the Division Bench of this Court in
Mahadev Pandurang Patil (supra) was again considered by
the Co-ordinate Bench of this Court in National Insurance
Co. Ltd., V. Sri Srinivasa and others5 and held in paragraph
no. 16 as under:
New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001
In our view, although the observations made in Asha
Rani case were in connection with carrying passengers in a
goods vehicle, the same would apply with equal force to
gratuitous passengers in any other vehicle also. Thus, we
must uphold the contention of the appellant Insurance
Company that it owed no liability towards the injuries suffered
by the deceased Rajinder Singh who was a pillion rider, as the
insurance policy was a statutory policy, and hence it did not
cover the risk of death of or bodily injury to a gratuitous
passenger."
Hdfc Ergo General Insurance Co. Ltd., ... vs Pandurang Hiraman Patil And Anr on 18 September, 2019
21. The decision of the Apex Court in Tilak Singh (supra)
and the decision of the Division Bench of this Court in
Mahadev Pandurang Patil (supra) was again considered by
the Co-ordinate Bench of this Court in National Insurance
Co. Ltd., V. Sri Srinivasa and others5 and held in paragraph
no. 16 as under:
National Insurance Co. Ltd vs Sri.Srinivasa on 1 July, 2017
"16. The judgments referred to above clearly disclose that in
case of the inmate traveling in a private car where the vehicle
is covered by the Act Policy, the insurance company is not
liable to compensate the claimant unless additional premium is
paid. In the instant case, no document has been produced to
show that the owner of the vehicle has paid additional
premium to cover the risk of inmates of the car. Hence, the
5
MFA No. 4246/2009 date of disposal 01.07.2017
The Divisional Manager, vs Smt. Yallavva W/O. Demappa Talawar, on 22 October, 2020
22. Learned counsel for the claimant contended that even if
the Courts were to come to the conclusion that the insured is
not entitled for indemnity, since the claimants are third parties,
they are entitled for an order to pay and recover against the
insurer. He placed reliance on the decision of the Full Bench of
this Court in New India Assurance Co. Ltd., Bijapur by its
Divisional Manager V. Yallavva and Another 6. The
questions referred to the Full Bench are as follows:
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
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