ORIENTAL INSURANCE COMPANY LIMITED Vs. DEHRI DEVI

JUDGEMENT

(1.) All the above noted appeals are being disposed of together as a common question is involved therein with regard to the liability of the insurance company to pay the compensation in respect of the death/bodily injury caused to a gratuitous passenger travelling in a goods vehicle. The learned Tribunal while awarding the compensation in favour of various claimants have held the appellant insurance company to be liable.

(2.) Admittedly, the present set of cases pertains to the period after amendment of the Motor Vehicles Act, 1988 in the year 1994. A similar question arose before the Honble Supreme Court. The cases in respect of liability of the insurance company to pay the compensation in respect of the death of or bodily injury to a gratuitous passenger travelling in a goods vehicle came to be categorized in three categories, namely, (i) the cases falling under the old Motor Vehicles Act, 1939; (ii) the cases falling under the new Motor Vehicles Act of 1988 prior to its amendment in the year 1994; and (iii) the cases falling under the new Motor Vehicles Act, 1988 after its amendment in the year 1994.

(3.) While considering the question of liability of the insurance company in respect of the cases falling under category (i) above, the Honble Apex Court in Ramesh Kumar v. National Insurance Co. Ltd., 2001 ACJ 1565 (SC), following the ratio laid down in Mallawwa v. Oriental Insurance Co. Ltd., 1999 ACJ 1 (SC), has held the insurance company to be not liable for compensation in the case of bodily injury/ death of the gratuitous passenger. Insofar as the cases falling under category (iii) are concerned the Honble Supreme Court following the ratio laid down in New India Assurance Co. Ltd. v. Satpal Singh, 2000 ACJ 1 (SC), held the insurance company to be liable for payment of compensation in respect of bodily injury or death of a gratuitous passenger travelling in a goods vehicle.