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2002 Supreme(Raj) 1191

G.B.PATTANAIK, H.K.SEMA, S.B.SINHA
New India Assurance Co. Ltd. – Appellant
Versus
Asha Rani – Respondent


Advocates Appeared:
Jagdeeo Dhankhar, Sr.Adv., Kishore Rawat, M.K. Dua, Sushil Kapoor, T.C. Sharma, Arvind Kumar, Laxmi Arvind, S.C. Sharma, Poonam Prasad, Jaya Sinha, Piyush Sharma, Pramod Dayal, Lipika Shanna, P.N. Cupta, Binu Tamta, Rajesh Saxena, V.D. Khanna, K.Sharda De

(2). The question that arises in this batch of appeals is whether the insurer is liable to pay compensation to the dependants of the deceased-passenger, while the deceased-passenger was travelling in a goods vehicle and that vehicle met with an accident, on account of which the passenger died or suffered bodily injury. Originally, when the bunch of appeals was being heard, a bench of this Court by order dated 27.3.2001, came to the conclusion that an the appeals fall in three categories - category (i) being those cases which are covered by the provisions of Motor Vehicles Act, 1939; category (ii) are the cases which are covered by the Motor Vehicles Act, 1988, prior to the amendment of 1994; category (iii) are those cases which fall after the amendment of 1994. When the matters were finally heard, a bench delivered judgment in respect of cases under category (i) and (iii) above on 17.8.2001. But so far as cases falling under category (ii) namely which are covered under the Motor Vehicles Act, 1988, prior to its amendment in 1994, it was felt that the decision of the Court in Satpal Singhs (1) case, requires reconsideration by a larger bench and that is how this bunch of appeals had




































































































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