Niyam v2 is live — start for just ₹100 — 200 credits to try

october 2007

Supreme Court of India · 2007-10-23

Smt. Thokchom Ongbi Sangeeta @ Sangi ... vs Oriental Insurance Co. Ltd. & Ors

Citation / case number
AIR 2008 SUPREME COURT 245
Court
Supreme Court of India
Petitioner
Smt. Thokchom Ongbi Sangeeta @ Sangi ...
Respondent
Oriental Insurance Co. Ltd. & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court held that under Section 147(1) of the Motor Vehicles Act, 1988, the insurer is not liable to pay compensation for injuries to passengers in a goods vehicle, as the legislative intent prohibits such vehicles from carrying passengers. The Court distinguished the provisions of the new Act from the old Act, noting that the definition of 'goods vehicle' and 'goods carriage' indicates a clear intent to limit liability. The appeal was allowed, reversing the High Court's decision that absolved the insurer from liability.

Smt. Thokchom Ongbi Sangeeta @ Sangi ... vs Oriental Insurance Co. Ltd. & Ors · Niyam