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2004 Supreme(MP) 11

S.B.SINHA, A.R.LAKSHMANAN, V.N.KHARE
National Insurance Co. Ltd. – Appellant
Versus
Baljit Kaur – Respondent


Advocates:
Kishore Rawat, M.K. Dua, Joy Basu, B.K. Satija, S.L. Gupta, Baldev Sharma, Sunder Prakash Jain, Sant Lal Nagar, Subrata Das, Goodwill Indeevar, Ms. Suresh Kumari, Dinesh Verma, A.P. Mohanty, Ms. Kavita Wadia, Ankur Talwar, Arun Agarwal, Anurag Kumar Agarwal and Varinder Kumar Sharma for appearing parties.

JUDGMENT

Khare, C.J.I. -- 1. Leave granted.

2. The question that arises for consideration in these appeals is whether an insurance policy in respect of a goods vehicle would also cover gratuitous passengers in view of the legislative amendment in 1994 to section 147 of the Motor Vehicles Act, 1988.

3. The first respondent herein preferred a claim petition for compensation before the Motor Accidents Claims Tribunal, Ludhiana (hereinafter referred to as "the Claims Tribunal"), in view of the death of her sixteen-year-old son, Sukhwinder Singh, due to the allegedly reckless driving by the second respondent and driver of the goods vehicle, bearing No. PB-10U-8937, on 19.2.1999. It. was found by the Claims Tribunal that the victim, who was returning in the truck from a marriage ceremony, died as a result of the rash and negligent driving by the driver of the goods vehicle, the second respondent herein. It was an admitted fact that the said vehicle was insured with the appellant Insurance Company.

4. The Claims Tribunal relying upon the decision of this Court in New India Assurance Co. v. Satpal Singh [(2000) 1 SCC 237] accepted the claim petition and rejected the contention of the appellant

































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