Motor Accident Claim
Mode of Citation- ILC-2017-SC-MAC-....
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Motor Accident Claim
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Motor Accident Claim
Mode of Citation- ILC-2017-SC-MAC-....
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ILC-2004-SC-MAC-Jan-6

National Insurance Co. Ltd. Vs. Baljit Kaur

Head Note

Motor Vehicles Act,1988  - Section 147

(Section 147 as amended in 1994) - Gratuitous passengers travelling in goods vehicle and their dependents are not entitled to claim any compensation from the insurer company of such vehicle - Satpal Singh's case has been reversed in Asha Rani's case, 2003(2) SCC 223 further followed in Devireddy's case 2003(2) SCC 339.- The effect of the 1994 amendment on Section 147 is unambiguous. Where earlier, the words "any person" could be held not to include the owner of the goods or his authorized representative travelling in the goods vehicle. - The premium in view of the 1994 Amendment would only cover a third party as also the owner of the goods or his authorised representative and not any passenger carried in a goods vehicle whether for hire or reward or otherwise.

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