G. G. SOHANI, AG. C. J.

( 1 ) THE order in this case will also govern the disposal of Misc. Appeals Nos. 362 and 363 both of 1982.

( 2 ) THIS Full Bench has been constituted on a reference made by a Division Bench of this Court for consideration of the following questions of law :" (1) Whether persons travelling in a truck not presently loaded with their goods, for the purpose of fetching their goods from another place, would be gratuitous travellers or would be deemed to be travelling for hire or reward within the meaning of Section 95 (1) of the Motor Vehicles Act? (2) If they are deemed to have been carried for hire or reward, what would be the extent of liability of the insurer?"

( 3 ) THE facts giving rise to this reference have been set out in the order of reference and from these facts it is evident that at the time when the accident took place, the deceased with a view to carry their goods from Chourai to Budhagar, were travelling in a truck, which was loaded with goods belonging to other persons and that at the time when the deceased boarded the truck in question they were not hirers of the truck. The Division Bench was of the view that the question as to whether the liabil

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