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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): V. N. Khare, Satya Brata Sinha, Ar. Lakshmanan , JJJ

(A) Motor Vehicles Act (59 of 1988) , S.147— Liability of insurer - Death of gratuitous passenger carried in goods vehicle - Addition of words 'including the owner of the goods or his authorised representative carried in the vehicle' in S. 147 by way of 1994 Amendment - Effect - Scope thereof is not extended to cover gratuitous passengers for whom no insurance policy was envisaged - Said legal position will have prospective effect - Relief moulded. The effect of the 1994 Amendment on S. 147 is unambiguous. Where earlier, the words 'any person' could be held not to include the owner of the goods or his authorised representative travelling in the goods vehicle, Parliament has now made it clear that such a construction is no longer possible. The scope of this rationale does not, however, extend to cover the class of cases where gratuitous passengers for whom no insurance policy was envisaged, and for whom no insurance premium was paid, employ the goods vehicle as a medium of conveyance. By reason of the 1994 Amendment what was added is 'including the owner of the goods or his authorised representative carried in the vehicle.' The liability of the owner of the vehicle to insure it compulsorily, thus, by reason of the aforementioned amendment included only the owner of the goods or his authorised representative carried in the vehicle besides the third parties. Th....