NATIONAL INSURANCE CO. LTD. versus AJIT KUMAR AND ORS.

NATIONAL INSURANCE CO. LTD. versus AJIT KUMAR AND ORS.

The insurer is not liable to pay compensation for death or bodily injury to persons travelling in goods carriage as passengers under the Motor Vehicles Act, 1988, since the Act does not contemplate carriage of passengers in goods carriage nor does it mandate insurance for such passengers.

Parties
Appellant: National Insurance Co. Ltd.; Respondent: Ajit Kumar; Respondent: Ors.
Jurisdiction
India
Judgment Date
02 September 2003
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 22.3.2002 of the Madhya Pradesh High Court in F.a. No. 421 and 422 of 2001
Outcome
appeals allowed
Legal Topics
Liability of Insurer, Compensation for Injury or Death in Goods Carriage, Statutory Interpretation
Motor Vehicles Law Insurance Law Liability of Insurer Compensation for Injury or Death in Goods Carriage Statutory Interpretation

Case Brief

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Parties

National Insurance Co. Ltd.

Appellant

Ajit Kumar

Respondent

Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 22.3.2002 of the Madhya Pradesh High Court in F.a. No. 421 and 422 of 2001

Legal Issues

  1. 1 Is the insurer liable for compensation for death or bodily injury of persons travelling as passengers in goods carriage under the Motor Vehicles Act, 1988?

Ratio Decidendi

The insurer is not liable to pay compensation for death or bodily injury to persons travelling in goods carriage as passengers under the Motor Vehicles Act, 1988, since the Act does not contemplate carriage of passengers in goods carriage nor does it mandate insurance for such passengers.

Court Disposition

appeals allowed

Orders

  • Judgment of the Tribunal and the High Court set aside.
  • No order as to costs.