ORIENTAL FIRE AND GENERAL Vs. SANATAN PRADHAN

JUDGEMENT

(1.) All these four appeals relating to motor accident claims and arising out of the same accident have been heard together and are being disposed of herewith. The question of law in all of them is also common, viz., as to whether the insurance company will be liable for the injuries sustained by a gratuitous passenger travelling in a jeep under Section 95(1)(b) of the Motor Vehicles Act, 1939 (for short 'the Act').

(2.) ON December 16, 1982, Sanatan Pradhan, Daitari Pradhan, Hemanta Pasayat (respondent No 1 in M.A. Nos. 110, 112 and 113 of 1984 respectively) and the deceased, Santosh Pradhan (the predecessor -in -interest of respondents Nos. 1 to 8 in M.A. No. 111 of 1984), who were members of a dance troupe were going to Sagarpali in the jeep bearing registration No. OSS 6341 belonging to Om Prakash Agarwalla (one of the respondents) to perform a dance in his premises. On the way, one of the tyres of the jeep is said to have burst and the jeep went out of control and dashed against a truck coming from the opposite direction. As a result, Sanatan, Daitari and Hemanta sustained injuries and Santosh died. Claim cases were filed by the injured persons and the legal representatives of the deceased separately against the owner of the jeep and the insurance company.

(3.) THE stand of the insurance company, on the other hand, was that in any view of the matter, it was not liable as the jeep was insured only for being used for private purposes, and as it was used otherwise, the question of liability of the insurance company did not arise.