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1992 Supreme(Kar) 89

ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
IRAWWA – Respondent


Advocates:
G.BALAKRISHNA SHASTRI, K.CHANDRASEKARAN, M.B.NARGUND, S.P.SHANKAR

RAMA JOIS, J.

( 1 ) IN this appeal presented under Section 173 of the Motor Vehicles Act, 1988 against an interim award made by the Motor Accidents Claims Tribunal, Belgaum, on a claim petition presented under Section 166 of the Granting compensation of Rs. 25,000-00 under Section 140 of the 1988 Act in respect of death of a passenger travelling in a goods carriage together with his goods as a result of a motor accident which took place on 6-11-1990, that is, after the commencement of the 1989 Act, the following question of law arises for consideration : whether under an Insurance Policy taken in conformity with the requirement of Section 147 of the Motor Vehicles Act, 1988, the Insurance Company is liable to pay compensation in respect of death or bodily injury to any passenger travelling in a 'goods carriage' whether as a hirer or otherwise?

( 2 ) BRIEF facts of the case are these :- One Suresh was travelling in a goods carriage bearing Registration No. MEH 5015. The goods carriage was plying from Belgaum to Bagewadi on 6-11-1990. The vehicle met with an accident at about 16-15 hours. A claim petition was presented by the wife of the deceased Suresh claiming a compensation of Rs.












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