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february 2008

Supreme Court of India · 2008-02-11

PRADEEP KUMAR JAIN vs BUTTAN .

Citation / case number
SC 2005/17217
Court
Supreme Court of India
Petitioner
PRADEEP KUMAR JAIN
Respondent
BUTTAN .
Bench
S.B. SINHA & V.S. SIRPURKAR

Judgment text excerpt

The Supreme Court dismissed the appeal under Section 173 of the Motor Vehicles Act, holding that the claimants were unauthorized passengers in a Matador vehicle, which was not covered by the insurance policy for passenger carriage. The Court reiterated the principle established in New India Assurance Co. Ltd. vs. Asha Rani & Ors. that transport vehicles cannot be used for carrying passengers, thereby affirming the Tribunal's decision to hold the insurance company liable despite the driver's lack of a valid license. The appeal was dismissed with directions for the awarded amount to be deposited within eight weeks.

PRADEEP KUMAR JAIN vs BUTTAN . · Niyam