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1993 Supreme(Guj) 162

C.V.JANI, M.B.SHAH, A.N.DIVECHA
NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
KAMLABEN WD/o. SULTANSINH HAKUMSINH JADAV – Respondent


Advocates Appeared: B.R.SHAH, B.S.PATEL, BELA YAGNIK, DASHRATHLAL B.SHAH, J.A.SHUKLA, M.D.PANDYA, R.H.MEHTA, R.S.PATEL, V.P.Shah

SHAH, J.

( 1 ) BRIEF Facts : The Motor Accidents Claims Tribunal, Baroda, has awarded compensation amount of Rs 53,400/- by judgment and order dated 3/04/1978 to the heirs of the deceased, Sultan Singh, who expired on 8/01/1976. That order is challenged by the Insurance Company by filing this Civil Appeal. The Insurance Company contended that, when a person is travelling by a "goods vehicle" even by paying fare, the Insurance Company is not liable to indemnify the insured or, in any case, its liability under the statutory insurance coverage is limited. The entire matter is referred to Larger Bench by the Division Bench of this Court after hearing the learned Advocates for the parties. Before referring the entire matter for decision to the Larger Bench, the Division Bench of this Court has suggested the following questions, which are required to be determined by this Court : (i) What would be the extent of liability of the insurer under Sec. 95 (2) in respect of death or bodily injury to the passengers carried for hire or reward in a truck ? (ii) Which clause amongst (a), (b) or (c) will apply ? (iii) Whether the judgment of the Division Bench in Oriental Fire and General insurance C













































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