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.