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1 - 2 of 2 (0.19 seconds)National Insurance Co. Ltd vs Prema Devi & Ors on 29 February, 2008
12. The Hon'ble Supreme Court in a judgment reported in
(2008)5 SCC 403 in the case of NATIONAL INSURANCE
COMPANY LIMITED v/s PREMA DEVI AND OTHERS after
examining the provision of Sections 2(8), 2(25), 2(29), 2(33),
with the corresponding provisions i.e. Sections 2(35), 2(14),
2(40) and 2(47) of the Motor Vehicles Act and also relying
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upon SATPAL SINGH case (cited supra) has held that
gratuitous passengers traveling in the goods vehicle are not
covered under the Insurance policy. The records produced by
the parties and the evidence on record clearly disclose that
after unloading the tobacco bales at Tobacco Board, the
claimant was traveling in the goods vehicle as a gratuitous
passenger and he has sustained injuries in the accident while
he was returning to his village. Hence, the owner of the
vehicle has to compensate the claimant.
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