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1993 Supreme(Ori) 123

B.L.HANSARIA, G.B.PATTANAIK, R.K.PATRA
NEW INDIA ASSURANCE COMPANY LTD – Appellant
Versus
KANCHAN BEWA – Respondent


Advocates Appeared:
B.N.RATH, B.SEURA, L.DAS, P.ROY, R.N.MOHANTY, S.MOHANTY, S.ROY

HANSARIA, J, J.


( 1 ) THESE appeals by the insurer have raised the question of its liability to satisfy the awards which have been passed in proceedings under Section 110-A of the Motor 'vehicles Act, 1939 (hereinafter, "the Act") claiming compensation for the death of three persons who were travelling in a goods vehicle, which had been hired by the deceased and who were travelling in the vehicle which got involved in an accident. When these appeals came before one of us (G. B. Patnaik, J.), reliance was placed on a bench decision of this Court in Oriental Fire and General Insurance Company of Ltd. v. Narayani Bai, 1984 Acc CJ 106 in which this question had been answered in affirmative. This had been done following the decisions of Karnataka High Court in Channappa v. Laxman Bhimappa, AIR 1979 Karnataka 93; T. M. Renukappa v. Fahmida, 1980 Acc CJ 86 and United India Insurance Co. Ltd. v. Gangamma, 1982 Acc CJ 357. The learned Judge, however, noted that these decisions have been overruled by a Full Bench of that High Court in National Insurance Co. Ltd. v. Dundamma, 1992 Acc CJ 1. It was also noted that there were two lines of decisions taken by different High Courts on this questio


































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