K.A.SWAMI, V.NEELADRI RAO
Oriental Fire and General Insurance Co. Ltd – Appellant
Versus
M. Bhanumathi – Respondent
( 1 ) THE only question for consideration in all these appeals is where passengers are carried for hire or reward in a Lorry and the contract of insurance does not provide for such carriage, is the liability covered by the Act policy in case of death or bodily injury to the passengers and the insurer is liable to pay compensation?
( 2 ) THE facts are not in dispute. Vehicles involved are Lorries and passengers are carried for hire. A lorry is indisputably a goods vehicle as per the definition contained in S. 2 (8) which reads as under:- " goods Vehicle means any motor vehicle constructed or adapted for use for the carriage of goods or any motor vehicle not so constructed or adapted when used for the carriage of goods, solely or in addition to passengers. " section 42 emphasizes the necessity for a permit for every transport vehicle. It says that no transport vehicle shall be used in any public place except in accordance with a permit granted by the concerned transport authority. "transport Vehicle" is defined as public service vehicle or a goods vehicle. Thus it is seen that the lorry is a transport vehicle which requires a permit for use in a public place. The vehic
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