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1994 Supreme(J&K) 45

V.K.GUPTA
National Insurance Co. Ltd. – Appellant
Versus
Faqir Chand – Respondent


Advocates Appeared:
Advocate For Appellant: C.S. Gupta
Advocate For Respondent: S.S. Reen
Advocate For Respondent: S.S. Nanda

The only ground urged by Mr. Shekhar today in the appeal is that respondent No. 1 who was the passenger of the bus in question could not be included in the category of "third party" and, therefore, the liability of the appellant qua-respondent No. 3 in relation to an accident involving a passenger could not be invoked. According to Mr. Shekhar "third party" is an expression which should exclude the passengers travelling in a bus. No other point was urged.

Chapter XI of the Motor Vehicles Act, 1988 deals with the insurance of motor vehicles against the third party risk. Section 145 is the definition section, it does not define a third party, even though in clause(g), it has been stated that "third party" includes the government . Section 146 relates to the necessity for insurance against the third party risk and lays down that no person shall use, except as a passenger a motor vehicle in a public place unless there is in force in relation to such motor vehicle a policy of insurance complying with the requirements of Chapter XI of the Act.

What are the requirements of this Chapter and how are these requirements to be complied with in a policy of insurance are not, however, mentioned in




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