REGENT COMPUTRONICS PVT. LTD.

NEW INDIA ASSURANCE CO. LTD Appellant

V/S

LACHHMI DEVI Respondents

Referred Judgements :-

SITARAM MOTILAL KALAL VS. SANTANUPRASAD JAISHANKER BHATT [REFERRED TO]
PUSHPABAI PURSHOTTAM UDESHI VS. RANJIT GINNING AND PRESSING CO PRIVATE LIMITED [REFERRED TO]
STATE BANK OF INDIA SUCCESSOR TO THE IMPERIAL BANK OF INDIA VS. SHYAMA DEVI [REFERRED TO]
NARCINVA V KAMAT VS. ALFREDO ANTONIO DOE MARTINS [REFERRED TO]
SKANDIA INSURANCE COMPANY LIMITED VS. KOKILABEN CHANDRAVADAN [REFERRED TO]
AMBABEN WD O MANILAL JIVABHAI CHAUHAN VS. USMANBHAI AMIRMIYA SHEIKH [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. NATHIBEN CHATRABHUJ SMT [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. SATYANATH HAZARIKA [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. MILKHI RAM [REFERRED TO]
KRISHNA RAMAYYA GOUDA VS. C P C MOTOR CO [REFERRED TO]
NARAYANLAL VS. RUKHMANIBAI [REFERRED TO]
BHAGWANDAS VS. NATIONAL INSURANCE CO LTD [REFERRED TO]
BHAGWAN DAS VS. NATIONAL INSURANCE COMPANY LTD [REFERRED TO]
MADHYA PRADESH STATE ROAD TRANS CORPN VS. PRAVEER KUMAR BHATNAGAR [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. KANCHAN BEWA FB [REFERRED TO]
RAMADOSS MOTOR TRANSPORT KAKINADA VS. NEW INDIA ASSURANCE COMPANY KAKINADA [REFERRED TO]
PIRTHI SINGH VS. BINDA RAM [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. TARAWATI [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD VS. ABDUL MUNAF MAJUR HUSSAIN MOMIN [REFERRED TO]
SHINGARA RAM VS. BALAK RAM WALIA [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. KAMALABAI [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. BHAJNOO [REFERRED TO (HP).]
ORIENTAL INSURANCE CO. LTD. VS. PUNI DEVI [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE CO. LTD. VS. GURDEV KAUR AND ORS. [REFERRED TO]

JUDGEMENT

(1.) ALL these cases are proposed to be decided by a common judgment since the question for determination in all of them is the same. Material facts are being mentioned for the purpose of dealing with the question.

(2.) ON 2.3.1987 at about 3.15 p.m., truck HPM 698, owned by Manjit Singh Rathore, driven by driver Bhikham Ram and insured with the New India Assurance Co. Ltd., met with an accident. According to the claimants, the accident was the result of rash and negligent driving by the driver. The accident took place at village Ropari on Sarkaghat-Baroti Road. There was a marriage function at the house of some of the claimants' relation at village Chamoh, Tehsil Bhoranj, where the deceased had gone to attend the marriage ceremony on 1.3.1987. The marriage party boarded the truck from village Chamoh to village Ropari. Since the truck was being driven rashly and negligently, it fell about 100 feet, below the road as a result of which some persons died while others sustained injuries.

(3.) ON behalf of the insurance company, it has been stated that the deceased/injured were gratuitous passengers, therefore, by virtue of Sections 95 and 96 of the Motor Vehicles Act, the insurance company was not liable. Further, the driver did not possess a valid driving licence nor had a valid route permit, fitness certificate and registration certificate for driving the truck. In case it is found that the accident took place due to the negligence of the owner and driver, the insurance company was not liable to pay the compensation since they were gratuitous passengers and were not covered by the insurance policy. Driver Bhikham Ram has not filed any reply.

Click here to view full judgment.

NEW INDIA ASSURANCE CO. LTD Vs. LACHHMI DEVI

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address