2001 AIR SCW 3295 ::(2001) WLC(SC)CVL 735 ::(2001) 2 ACC 479 ::(2001) 4 CivLJ 446 ::2001 SCC (Cri) 1223 ::2001 (6) SCC 724 ::(2001) 4 RecCivR 294 ::(2001) 5 Scale 374 ::2002 All CJ 1 10 ::(2001) 3 ACJ 1847 ::(2001) 3 TAC 565 ::(2001) 45 All LR 469 ::(2001) 4 All WC 2855 ::(2001) 107 ComCas 182 ::(2002) 1 Mad LW 644 ::(2001) 3 Ker LT 235 ::(2001) 3 Pun LR 637(2) ::(2001) 2 UC 470 ::(2001) 6 Supreme 359 ::(2001) 6 JT 665 (SC)

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): A. P. Misra, U. C. Banerjee , JJ

Motor Vehicles Act (59 of 1988) , S.147— Liability of Insurance Company - Qua Passengers carried in goods vehicle - Expression 'goods carriage' defined under 1988 Act omits words 'in addition to passengers' - Exclusion itself is indicative that passengers are not to travel in goods carriage - Permit issued for goods carriage - If passengers travel in goods vehicle, Insurance Company is not liable to pay compensation - Deletion of sub-cl. (ii) to proviso to S. 95(1)(b) of old Act - Effect of - View recorded by Court in Satpal Singh reported in 1999 AIR SCW 4337: AIR 2000 SC 235 holding Insurance Company liable requires reconsideration by larger Bench. In New India Assurance Co. v, Satpal Singh, 1999 AIR SCW 4337 : AIR 2000 SC 235, Supreme Court held that Insurance Company is liable to pay compensation in all cases where the deceased or injured persons are gratuitous passengers including owner or his representative of the goods while travelling in a goods carriage under S. 147 of the new Act. As some of the striking features of the new Act of 1988 were not brought to the notice of Court in that case this point was sought to be referred to larger Bench. There is a difference between the definition of 'Goods vehicle' under the old Act and 'Goods Carriage' under the new Act. Under the old Act 'goods vehicle' is defined under S. 2(8) and under the new Act S. 2(14)....