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1985 Supreme(Raj) 85

D.P.GUPTA, N.M.KASLIWAL, S.N.BHARGAVA
Santra Bai – Appellant
Versus
Prahlad – Respondent


Advocates Appeared:
U.N. Bhandari, K.K. Mehrish, S.M. Mehta, H.C. Rastogi, M.R. Singhvi, G.S. Bafna, S.K. Keshote, N.K. Joshi, Narendra Jain, PC. Jain, K.K. Sharma, Prem Ashopa, S.S. Harit, S.K. Jain. Manish Bhandari, Anil Khanna, Ashok Kumar Verma, B.B. Mathur & V.K. Misra,

KASLIWAL, J.—Learned Single Judge by order dated August 9, 1984, has referred all the above appeals to a larger bench for authoritative decision on the question of liability of the Insurance Company under sections 95 and 96 of the Motor Vehicles Act, 1939 (hereinafter called the Act) in respect of the death or injury caused to persons who travelled in the goods vehicle with the goods or without goods or either in contract of service of the owner of the vehicle or otherwise.

2. Learned Single Judge has observed :

"The accidents cover different species of claims and, it would not be possible to generalise them except to the limited extent that in all such cases, the panicle, the owner of which is asked to pay compensation, is essentially to be a goods vehicle in which the goods are to be transported and in the course of the accident, the injury is caused or death is caused to a person travelling in that goods vehicle in the capacity either of owner of the goods or representative of the owners of the goods or of a passenger being allowed to travel in the truck-goods vehicle or, of an employee of the owner of the goods vehicle or, as a person in contract of employment or other-wise of th



























































































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