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1 - 10 of 24 (0.28 seconds)Article 142 in Constitution of India [Constitution]
The Employee's Compensation Act, 1923
The Motor Vehicles Act, 1988
New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001
24. Accordingly, being conscious of this fact that authority exercised by
Hon'ble Supreme Court under Article 142 of the Constitution of India is not
available to this Court, then three Judges Bench strength judgment in Asha
Rani and others (supra) is a binding precedent. These miscellaneous appeals
are required to be allowed and the same are hereby allowed. It is directed as
under :-
M/S. National Insurance Co. Ltd vs Baljit Kaur And Ors on 6 January, 2004
Thus, it is evident that even in terms of the judgment in Baljit Kaur and
others (supra), a gratuitous passenger travelling in a goods vehicle is not
covered.
National Insurance Co. Ltd. vs Bommithi Subbhayamma And Ors. on 21 February, 2005
Same is the ratio of Bommithi Subbhayamma and others (supra),
Brij Mohan and others (supra)Vedwati and others (supra), Kaushalaya Devi
and others (supra) and Rattani and others (supra).
Oriental Insurance Co. Ltd vs Brij Mohan & Ors on 15 May, 2007
Same is the ratio of Bommithi Subbhayamma and others (supra),
Brij Mohan and others (supra)Vedwati and others (supra), Kaushalaya Devi
and others (supra) and Rattani and others (supra).
New India Assurance Co. Ltd vs Vedwati & Ors on 20 February, 2007
Same is the ratio of Bommithi Subbhayamma and others (supra),
Brij Mohan and others (supra)Vedwati and others (supra), Kaushalaya Devi
and others (supra) and Rattani and others (supra).
National Insurance Co. Ltd vs Kaushalaya Devi & Ors on 13 May, 2008
NEUTRAL CITATION NO. 2025:MPHC-JBP:9734
9 MA-602-2013
Similar principle was followed by Hon'ble Supreme Court in the case
o f Kaushalaya Devi and others (supra) where Hon'ble Supreme Court
overturned the decision of the High Court and held that insurance company
is not liable to pay the compensation in the case of gratuitous passengers in
goods vehicles, but, maintained the principles of "pay and recover"