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february 2008

Supreme Court of India · 2008-02-29

National Insurance Co. Ltd vs Prema Devi & Ors

Citation / case number
AIR 2008 SC (SUPP) 1631
Court
Supreme Court of India
Petitioner
National Insurance Co. Ltd
Respondent
Prema Devi & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court held that a gratuitous passenger in a goods carriage is not covered under the insurance policy as per Section 147 of the Motor Vehicles Act, 1988, which mandates coverage for passengers only in public service vehicles. The Court clarified that the owner of the goods carriage was not liable to indemnify the claimant since there was no insurance policy for such passengers, affirming the High Court's dismissal of the appeal. The ruling emphasized the distinction between categories of vehicles and the applicable insurance provisions.

National Insurance Co. Ltd vs Prema Devi & Ors · Niyam