KALLU MAHARAJ Vs. MEENABAI

JUDGEMENT

(1.) The order in this case will also govern the disposal of Misc. Appeals Nos. 362 and 363 both of 1982.

(2.) This Full Bench has been constituted on a reference made by a Division Bench of this Court for consideration of the following questions of law :

(3.) The facts giving rise to this reference have been set out in the order of reference and from these facts it is evident that at the time when the accident took place, the deceased with a view to carry their goods from Chourai to Budhagar, were travelling in a truck, which was loaded with goods belonging to other persons and that at the time when the deceased boarded the truck in question they were not hirers of the truck. The Division Bench was of the view that the question as to whether the liability of the insurer would extend to a case where a goods vehicle hired for carriage of goods was used by the hirer or his servant even prior to the goods being loaded on the said truck, was of great public importance and hence the matter was referred to a Full Bench for consideration. That is how this matter has come up before us for consideration.