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october 2007

Supreme Court of India · 2007-10-23

THOKCHOM ONGOI SANGEETA @ SANGI DEVI&ANR vs ORIENTAL INSURANCE CO. LTD. .

Citation / case number
SC 2005/3285
Court
Supreme Court of India
Petitioner
THOKCHOM ONGOI SANGEETA @ SANGI DEVI&ANR
Respondent
ORIENTAL INSURANCE CO. LTD. .
Author
ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

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 accidents involving goods vehicles, as clarified in the precedent case Oriental Insurance Company Ltd. v. Devireddy Konda Reddy (AIR 2003 SC 1009). The Court emphasized the distinction between the liability provisions in the Old Act and the new Act, particularly noting that the proviso to Section 147 excludes coverage for employees engaged in driving goods vehicles. Consequently, the High Court's ruling that the insurer was not liable was upheld, affirming the legal principle regarding third-party risks for goods carriers.

THOKCHOM ONGOI SANGEETA @ SANGI DEVI&ANR vs ORIENTAL INSURANCE CO. LTD. . · Niyam