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Head Note

Motor Vehicles Act,1988  - Section 147 (1)

Compensation - Third Party Risk - Liability of Insurance Company - Limits of liability - Phrases 'any person' and 'any passenger' in Section 147(1)(b)(i) and (ii) are of wide amplitude - But proviso to sub-section carve out one exception in respect of one class of persons and passengers namely employees of insured - If concerned employee is neither driver nor conductor nor examiner of tickets insured cannot claim that employee would come under description of 'any person' or 'passenger' - Mere mention of word 'cleaner' describing seating capacity of vehicle does not mean that cleaner was therefore a passenger - Contention that as policy was comprehensive one it would cover all risks including death of khalasi - Not acceptable.

Motor Vehicles Act,1988  - Section 147

- Comprehensive Insurance Policy - Means that loss sustained by such person will be payable upto insured amount irrespective of actual loss suffered.

Topic(s)-Third Party Risk , Liability of Insurance Company , Limits of liability , Comprehensive Insurance Policy

Important Decision(s)- 

• Third Party Risk - Word 'cleaner' not mean was therefore a passenger.
• Limits of liability - Section 147(1)(b)(i) and (ii) - Persons and passengers namely employees of insured.