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2003 Supreme(SC) 92

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Oriental Insurance Company LTD. – Appellant
Versus
Devireddy Konda Reddy Etc. Etc. With Jogi Subbamma Etc. Etc. – Respondent


JUDGMENT

Arijit Pasayat, J.-These appeals are directed against the common judgment rendered by a Division Bench of the Andhra Pradesh High Court. By the said judgment, it upheld view of learned Single Judge that compensation is payable by the insurer even if the deceased persons in respect of whom claims are made were gratuitous passengers. Both the learned Single Judge and the Division Bench relied on the decision of this Court in New India Assurance Company vs. Satpal Singh and Ors. (2000 (1) SCC 237) for coming to this conclusion.

2. Since the point involved is one of law, the factual position which is almost undisputed needs to be noted in brief. Certain persons were travelling in goods vehicles which were subject-matter of insurance with the appellant-Oriental Insurance Company Limited (hereinafter referred to as "the Insurer"). The vehicles met with accidents resulting in death of several persons who were either unauthorized or gratuitous passengers in the said vehicles. Their legal representatives lodged claims under Motor Vehicles Act, 1988 (hereinafter referred to as the Act ). Though the accidents took place on different dates, the Motor Accident Claims Tribunal, Ananta




































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