New India Assurance Company LTD. – Appellant
Versus
Asha Rani – Respondent
JUDGMENT
Pattanaik, C.J.I.-Leave granted in SLP (C) Nos. 12040, 12369 and 13159 of 2002.
2. The question that arises in this batch of appeals is whether the insurer is liable to pay compensation to the dependants of the deceased passenger, while the deceased passenger was traveling in a goods vehicle and that vehicle met with an accident, on account of which the passenger died or suffered bodily injury. Originally, when the bunch of appeals was being heard, a Bench of this court by order dated 27th March, 2001, came to the conclusion that all the appeals fall in three categories - category (i) being those cases which are covered by the provisions of Motor Vehicles Act, 1939; category (ii) are the cases which are covered by the Motor Vehicles Act, 1988, prior to the amendment of 1994; category (iii) are those cases which fall after the amendment of 1994. When the matters were finally heard, a Bench delivered judgment in respect of cases under category (i) and (iii) above on 17th August, 2001. But so far as cases falling under category (ii) namely which are covered under the Motor Vehicles Act, 1988, prior to its amendment in 1994, it was felt that the decision of the court in Satp
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