JUDGMENT

Ahmadi, CJI.-Special leave granted.

2. The principal judgment that has been impugned in the 8 matters grouped together is the one dated 26.4.1993 in the case of New India Assurance Co. Ltd. v. Kamlaben Sultansinh Hakumsinh Jadav & Others1 in first appeal No. 61 of 1979 of the High Court of Gujarat. The full Bench, in that case, was called upon to decide the following questions referred by the Division Bench :

"(i) What would be the extent of liability of the insurer under Section 95(2) [of the Motor Vehicles Act, 1939] in respect of death or bodily injury to the passengers carried for hire or reward in a truck ?

(ii) Which clause amongst (a), (b) or (c) will apply ?

(iii) Whether the judgment of the Division Bench in Oriental Fire & General Insurance Co. Ltd. v. Husseinbhai Abdulbhai Sheikh & Ors., First Appeal No. 851 of 1977, decided on 26th July 1983, is correctly decided and is correctly followed in some other cases ?"

The full Bench reframed the questions and at the end of the adjudication on these points the Court posed to itself the following question :

"Whether compensation amount should be paid in lump sum or by periodical instalments."

The High Court took note of