REGENT COMPUTRONICS PVT. LTD.

NATIONAL INSURANCE CO. LTD. Appellant

V/S

Dundamma And Others Respondents

Referred Judgements :-

SAKINA BIBI V. GORDHAN BHAI [REFERRED TO]
HARISHANKAR TIWARI VS. JAGRU [REFERRED TO]
STATE OF MYSORE VS. SYED IBRAHIM [REFERRED TO]
PUSHPABAI PURSHOTTAM UDESHI VS. RANJIT GINNING AND PRESSING CO PRIVATE LIMITED [REFERRED TO]
JAM SHRI SATJI DIGVIJAYASINGJI VS. DAUD TAIYAB [REFERRED TO]
AMBABEN WD O MANILAL JIVABHAI CHAUHAN VS. USMANBHAI AMIRMIYA SHEIKH [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. MALUBAI MENAND WIFE OF DECD KANA KACHRA [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. NATHIBEN CHATRABHUJ SMT [REFERRED TO]
ABDUL RAZZAK VS. SHARIFUNNISA [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE CO VS. M BHANUMATHI [REFERRED TO]
CHANNAPPA CHANNAVEERAPPA KATTI MALLAPPA MALAKAJAPPA NIDAGUNDI VS. LAXMAN BHIMAPPA BAJENTRI YELI BUDEPPA BANKAPUR [REFERRED TO]
T M RENUKAPPA VS. FAHMIDA [REFERRED TO]
UNITED INDIA INSURANCE CO VS. GANGAMMA [REFERRED TO]
M KANDA SWAMY VS. CHINNASWAMY [REFERRED TO]
VITTABAI AMMAL VS. S RADHAKRISHNAN [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. K T JOSE [REFERRED TO]
NASIBDAR SUBA FAKIR VS. ADHIA AND COMPANY [REFERRED TO]
RAGHUNATH EKNATH HIVALE VS. SHARDABAI KARBHARI AND MANJULABAI YASHWANT MEDHE [REFERRED TO]
NEW INDIA ASSURANCE COMPANY VS. SANTHA [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE CO. LTD. VS. GURDEV KAUR AND ORS. [REFERRED TO]

JUDGEMENT

(1.) IN these miscellaneous first appeals presented under section 110D of the Motor Vehicles Act, 1939, by the National Insurance Company Limited, a Division Bench of this court has referred the following question of law for the opinion of the Full Bench under section 7 of the Karnataka High Court Act. The question reads : "Whether by force of clause (ii) of the proviso to section 95(1)(b) of the Motor Vehicles Act, 1939, the insurance company is liable to pay compensation in respect of death or bodily injury to any person travelling in a vehicle, though it is not a vehicle constructed and adapted and meant in law for carrying passengers for hire or reward, even to the extent of number of passengers permitted to be carried in the vehicle though not for hire or reward, even in the absence of any extra coverage secured by the owner under the policy concerned in respect of such passengers -

(2.) BRIEF facts of the case, in the first batch of cases which are sufficient for answering the question referred for the opinion of the Full Bench, are as follows :

(3.) 2971 of 1987 127 of 1986 injury 10,000

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NATIONAL INSURANCE CO. LTD. Vs. DUNDAMMA AND OTHERS

Referred Judgements :-

JUDGEMENT

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