JUDGMENT - G.H. GUTTAL, J.:---The Division Bench consisting of Dharmadhikari and Vaze, JJ, during the hearing of this appeal came to the conclusion that there is conflict between the judgement in (Nasibdar Suba Fakir v. M/s. Adhia and Company and others), 1983 (1) Bom.C.R. 157: 1983 Mh.L.J. 647 hereinafter referred to Nasibdar's case, and the view expressed by another Division Bench in (The United India Insurance Co. Ltd. v. Abdul Munaf Majur Hussain and others)', First Appeal No. 5545 of 1980 decided by Sawant and Tated, JJ, on 17th August, 1984. These appeals have been referred to us for the purpose of resolving the conflict. We formulate the question arising for determination as under:-

"Where, a passenger is carried in a goods vehicle for hire or reward and the terms of the contract of insurance do not provide for such carriage, is the insurer liable for the death or bodily injury to such passenger?"

2. This appeal and therefore, the question formulated by us arises out of these facts:

The respondent No. 8 Balasaheb Chavan was, at about 9 a.m. on 3rd July 1978, driving Truck No. BYX 5435 on Pandharpur - Miraj road. The deceased Vithal Nikam was waiting for a State Transport

Click Here to Read the rest of this document