Supreme Court of India · 2008-02-29
NATIONAL INSURANCE CO. LTD vs PREMA DEVI
- Citation / case number
- SC 2004/3747
- Court
- Supreme Court of India
- Petitioner
- NATIONAL INSURANCE CO. LTD
- Respondent
- PREMA DEVI
- Author
- ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
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, and thus the High Court's dismissal of the appeal was upheld. The ruling emphasized the distinction between goods vehicles and public service vehicles under the relevant statutory provisions.