1991 Supreme(Kar) 265
M.RAMA JOIS, M.M.MIRDHE, K.J.SHETTY
NATIONAL INSURANCE COMPANY – Appellant
Versus
DUNDAMMA – Respondent
Advocates:
A.K.BHAT, B.M.JALISLAGI, B.S.KAMTE, CHINNAPPA K.KAMBAYANDA, D.R.RAJASHEKHARAPPA, F.L.F.ALVARES, G.C.SHIVASHANKAR, K.SURYANARAYANA MURTHY, M.R.JANARDHAN, M.SHIVA PRASAD, M.SOWRI RAJU, MALLAIAH, MARULI SURESH, R.S.PATTANNA SHETTY, RAMU, S.BALAKRISHNA SHASTRY, S.P.SHANKAR, S.V.Angadi, SHANTARAM SAWANT, T.SESHAGIRI RAO, V.V.Gunjal, V.V.UPADHAYA
( 1 ) IN these miscellaneous first appeals presented under Section 110-d of the Motor Vehicles Act by the national insurance company limited, a division bench of (his court has referred ihe following question of law for the opinion of the full bench under seclion 7 of the Karnataka High Court Act. The question reads: whelhcr by force of clause (ii) of the proviso to seclion 95 (l) (b) of the Motor Vehicles Act, 1939, the insurance company is liable to pay compensation in respect of death or bodily injury to any person travelling in a vehicle, though it is not a vehicle constructed and adapted and meant in law for carrying passengers for hire or reward, even to the extent of number of passengers permitted to be carried in the vehicle though not for hire or reward, even in the absence of any extra coverage secured by the owner under the policy concerned in respect of such passengers?
( 2 ) BRIEF facts of the case, in the first batch of cases which are sufficient for answering the question referred for the opinion of the full bench, are as follow:- the vehicle involved in the accident is a goods vehicle bearing registration No. Myx 6827 belonging to respondent No. 3 in m. f. a. No. 290
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