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1 - 9 of 9 (0.40 seconds)Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
Oriental Insurance Company Ltd vs Devireddy Konda Reddy & ... on 24 January, 2003
11. 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 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. The provisions of the
Act do not enjoin any statutory liability on the owner of a vehicle to
get his vehicle insured for any passenger traveling in a goods carriage
and the insurer would have no liability therefor. The said proposition
of law was laid in Oriental Insurance Company Ltd. v. Devi Reddy
Konda Reddy . The goods carriage carrying any passenger is not
contemplated under the Motor Vehicles Act, 1988.
M/S. National Insurance Co. Ltd vs Baljit Kaur And Ors on 6 January, 2004
In view of the ratio laid down in the foregoing decisions, and as
the appellant traveled as an unauthorized passenger in the crime
vehicle, tractor-trailer, and there being no insurance coverage for the
appellant under the insurance policy, this is not a fit case to direct the
2nd respondent-insurance company to first pay and then recover.
Therefore, the appeal is liable to be dismissed.
Manuara Khatun & Ors vs Rajesh Kr. Singh & Ors on 21 February, 2017
5. Sri Venkateswar Varanasi, learned counsel for the appellant
contended that the Tribunal dismissed the claim against the insurance
company on the ground that the appellant traveled in the tractor-
trailer as an unauthorized passenger. To substantiate his argument,
the learned counsel placed reliance on the decision in Manuara
Khatun v. Rajesh Kumar Singh and submitted that in Manuara
Khatun, the deceased was a gratuitous passenger, but however, the
Honble Supreme Court granted compensation in that case holding
that the liability of the insurance company cannot be exonerated and,
therefore, sought for ordering pay and recovery against the 2nd
respondent in the present case.
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Ramashray Singh vs New India Assurance Co. Ltd & Ors on 22 July, 2003
In Ramashray Singh v. New India Assurance Co. Ltd. , it was
held as under:
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