DORAISWAMY RAJU, ARIJIT PASAYAT
National Insurance Co. LTD. – Appellant
Versus
Ajit Kumar – Respondent
Based on the provided legal document, here are the key points regarding the liability of insurers for passengers in goods vehicles:
JUDGMENT
Arijit Pasayat, J.-Leave granted.
2. The only question raised in these appeals is whether the insurer is liable to pay the compensation under the Motor Vehicles Act, 1988 (in short the Act ) for the death or bodily injury to a person traveling in goods vehicle as passenger. Liability of the insurer was fixed by relying on this Court s decision in New India Assurance Co. Ltd. v. Satpal Singh (2000(1) SCC 237).
3. Factual aspects need not be gone into in detail, as there is practically no dispute on the factual aspects.
4. Learned counsel for the insurer-appellant submitted that Section 149(2) of the Act is etymologically different from proviso (ii) to Section 96(2)(b) of the Motor Vehicles Act 1939 (hereinafter referred to as the old Act ) and, therefore, the ratio in Satpal Singh s case (supra) has no application. In response, learned counsel appearing for the claimants submitted that in the said case such a stand has been negatived and it has been held that insurer is liable to pay compensation to gratuitous passengers.
5. This Court had occasion to deal with cases of passengers traveling in goods vehicles which met with accident resulting in death of such person or bodily i
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