( 1. ) THIS Full Bench has been constituted for resolving the conflict between the two Division Bench decisions of this Court in South India Insurance Co. Ltd. . Indore vs. Heerabai, 1967 ACJ 65 and Patharibai vs. Firulalji Shankarlal. AIR 1985 MP 103. Though the learned Single Judge had requested the Honble the Chief justice for constituting an appropriate Bench for disposal of the Appeal but only the question has been referred for decision. This opinion will also govern the following question referred in Ramsingh vs. Smt. Shantibai and others M. F. A. No. 181/81.

"whether the owner/agent of the goods accompanying the goods and travelling in the goods-vehicle which met with an accident in which owner/agent of the goods sustained fatal injuries, would be deemed to be a passenger who was being carried for hire or reward or not. within the meaning of clause (ii) of the proviso to clause (b) or sub-section (1) of section 95 of the Motor Vehicles Act ?"

( 2. ) IN Misc. First Appeal No. 124/1981 the appellant is the owner of truck No. MPS 9555. Respondent No. 4 was the driver and the vehicle was insured with the respondent No. 5 - Insurance Company. The respondents 1 to 3 are th