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february 2008

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.

NATIONAL INSURANCE CO. LTD vs PREMA DEVI · Niyam