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Iffco Tokio General Insurance Co. Ltd. vs Imrat Sonkar on 4 April, 2024 cites

Oriental Insurance Company Ltd vs Devireddy Konda Reddy & ... on 24 January, 2003

Ltd. v. Vedwati [(2007) 9 SCC 486 : (2007) 3 Scale 397] this Court held: [Ed.: Quoting from Oriental Insurance Co. Ltd. v. Devireddy Konda Reddy, (2003) 2 SCC 339, pp. 342-43, paras 9-10.] (SCC p. 490, para 6) "9. ... The difference in the language of 'goods vehicle' as appearing in the old Act and 'goods carriage' in the Act is of significance. A bare reading of the provisions makes it clear that the legislative intent was to prohibit goods vehicle from carrying any passenger. This is clear from the expression 'in addition to passengers' as contained in the definition of 'goods vehicle' in the old Act. The position becomes further clear because the expression used 'goods carriage' is solely for the carriage of 'goods'. Carrying of passengers in a goods carriage is not contemplated in the Act. There is no provision similar to Clause (ii) of the proviso appended to Section 95 of the old Act prescribing requirement of insurance policy. Even Section 147 of the Act mandates compulsory coverage against death of or bodily injury to any passenger of 'public service vehicle'. The proviso makes it further clear that compulsory Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 4/18/2024 6:46:35 PM 10 coverage in respect of drivers and conductors of public service vehicle and employees carried in goods vehicle would be limited to liability under the Workmen's Compensation Act, 1923 (in short 'the WC Act'). There is no reference to any passenger in 'goods carriage'.
Supreme Court of India Cites 19 - Cited by 174 - A Pasayat - Full Document

National Insurance Co.Ltd vs Rattani & Ors on 18 December, 2008

In this Court's opinion, in view of principles of law laid down by Hon'ble Apex Court in the case of National Insurance(supra), same broad parameters, though, not exhaustive, can be laid down to determine as to whether a person is travelling in goods carrying vehicle/commercial vehicle as owner/representative of goods being carried/transported in the goods/commercial vehicle or as gratuitous passenger with or without payment of fare. These broad parameters are as under:
Supreme Court of India Cites 6 - Cited by 206 - S B Sinha - Full Document

National Insurance Co. Ltd vs Cholleti Bharatamma & Ors on 12 October, 2007

19. Thus, if evidence, as referred and discussed in the preceding paras, is examined in the light of principles of law laid down in Cholleti Bharatamma(supra) and parameters as referred in preceding paras, in this Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 4/18/2024 6:46:35 PM 13 Court's considered opinion, from evidence on record, it is not established at all that injured/deceased were travelling in offending vehicle as owner/representative of goods and in the cabin of vehicle at the time of accident.
Supreme Court of India Cites 19 - Cited by 279 - S B Sinha - Full Document

New India Assurance Co. Ltd vs Vedwati & Ors on 20 February, 2007

Ltd. v. Vedwati [(2007) 9 SCC 486 : (2007) 3 Scale 397] this Court held: [Ed.: Quoting from Oriental Insurance Co. Ltd. v. Devireddy Konda Reddy, (2003) 2 SCC 339, pp. 342-43, paras 9-10.] (SCC p. 490, para 6) "9. ... The difference in the language of 'goods vehicle' as appearing in the old Act and 'goods carriage' in the Act is of significance. A bare reading of the provisions makes it clear that the legislative intent was to prohibit goods vehicle from carrying any passenger. This is clear from the expression 'in addition to passengers' as contained in the definition of 'goods vehicle' in the old Act. The position becomes further clear because the expression used 'goods carriage' is solely for the carriage of 'goods'. Carrying of passengers in a goods carriage is not contemplated in the Act. There is no provision similar to Clause (ii) of the proviso appended to Section 95 of the old Act prescribing requirement of insurance policy. Even Section 147 of the Act mandates compulsory coverage against death of or bodily injury to any passenger of 'public service vehicle'. The proviso makes it further clear that compulsory Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 4/18/2024 6:46:35 PM 10 coverage in respect of drivers and conductors of public service vehicle and employees carried in goods vehicle would be limited to liability under the Workmen's Compensation Act, 1923 (in short 'the WC Act'). There is no reference to any passenger in 'goods carriage'.
Supreme Court of India Cites 21 - Cited by 132 - A Pasayat - Full Document
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