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citation codes
Case Number
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Acts
  • follows:Sections 95(a) and 95(b)(i) of the Motor Vehicles Act adopted the provisions of the English Road Traffic Act, 1960
  • clauses 4 and 5 of Rule 213 sub-rule (5) of Motor Vehicles Rules,
  • Sec. 95 and also Sec. 96(2) of the Motor Vehicles Act,
  • Sections 95 and 96 of the Motor Vehicles Act
  • Section 95(1)(b) of the Motor Vehicles Act
  • clause (b) of sub-section (1) of Section 95
  • provisions of Sections 94, 95 and 96
  • Sec. 110-A of the Motor Vehicles Act
  • Compensation Act, 1923 (8 of 23)
  • judgments.6. Section 95 and 96
  • Sub-Section (4) of Section 95
  • MOTOR VEHICLES ACT
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Citation Codes
Equivalent Citations
citation codes
Case Number
Advocates
Judges
Acts
  • follows:Sections 95(a) and 95(b)(i) of the Motor Vehicles Act adopted the provisions of the English Road Traffic Act, 1960
  • clauses 4 and 5 of Rule 213 sub-rule (5) of Motor Vehicles Rules,
  • Sec. 95 and also Sec. 96(2) of the Motor Vehicles Act,
  • Sections 95 and 96 of the Motor Vehicles Act
  • Section 95(1)(b) of the Motor Vehicles Act
  • clause (b) of sub-section (1) of Section 95
  • provisions of Sections 94, 95 and 96
  • Sec. 110-A of the Motor Vehicles Act
  • Compensation Act, 1923 (8 of 23)
  • judgments.6. Section 95 and 96
  • Sub-Section (4) of Section 95
  • MOTOR VEHICLES ACT
Smart Summary

Structured Summary of the Opinion — Premier Insurance Co. Ltd. (3rd Respondent) Appeal

Factual and Procedural Background

This appeal arises from a petition under Section 110-A of the Motor Vehicles Act seeking compensation of Rs. 20,000 for death resulting from a road accident on 31-10-1969 near Kanuru village on the Machilipatnam–Vijayawada road. The petitioners (No. 1 a wife and Nos. 2–4 children of the deceased) alleged that a lorry (registration APK 6572) driven by the 2nd respondent, and owned by the 1st respondent, collided with a stationary lorry (APK 8545), resulting in severe injuries to the deceased who later died in Government Hospital, Vijayawada. The 3rd respondent (the appellant in this appeal) is Premier Insurance Co. Ltd., Vijayawada.

At the Tribunal, respondents 1 and 3 denied liability: the owner denied rash/negligent driving, and the insurer additionally pleaded that the insurance policy did not cover liability for a person who was traveling gratuitously (a free lift) not being an employee of the insured, thus falling outside the policy terms. The Tribunal found that the accident resulted from rash and negligent driving by the 2nd respondent, assessed compensation at Rs. 20,000, and awarded recovery against respondents 1 to 3, rejecting the insurer's plea because the policy was not produced in court.

The insurer (3rd respondent) appealed only on legal grounds: principally that compulsory insurance under Section 95 does not cover passengers taken gratuitously and that the claimant lacks privity of contract with the insurer.

Legal Issues Presented

  1. Whether the compulsory insurance prescribed by Section 95 of the Motor Vehicles Act covers passengers who are being carried gratuitously (i.e., given a free lift) and, if not, whether the insurer can be fastened with liability under the Act policy for such passengers.
  2. Whether a claimant who is not in privity of contract with the insurer can pursue a claim against the insurer under Sections 95 and 96 absent production of the insurance policy.
  3. Whether the absence of production of the insurance policy before the Tribunal precludes the insurer from raising a defence based on policy terms that exclude coverage for gratuitous passengers.

Arguments of the Parties

Appellant's (Insurance Company) Arguments

  • The compulsory insurance policy does not cover passengers taken on a free lift (gratuitous passengers).
  • The policy does not contemplate liability for unauthorised passengers; the policy is not intended to cover such contingencies.
  • There is no privity of contract between the claimant and the insurer; only the owner has the cause of action against the insurer on the basis of the policy.

Respondent's (Claimants') Arguments

  • The compulsory insurance policy enures to the benefit of claimants (third parties), and claimants can claim against the insurer under Sections 95 and 96.
  • The insurer cannot deny liability on the ground of policy terms when the policy has not been produced in court to define the terms of coverage.
  • The learned counsel for the appellant did not challenge the Tribunal's factual findings on rash and negligent driving or the quantum of compensation.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
C. Narayanan v. M.S.P.G. Sammelan (AIR 1974 Madras 278) Holds that a person traveling in a lorry without authority and not in the course of employment is not protected by the Act; insurer/owner cannot be fastened with liability for injuries of a person traveling without authority. Used to support the proposition that gratuitous/unauthorised passengers do not fall within compulsory insurance coverage under Section 95.
Pushpabai v. Ranjit G. & P. Co. ((1977) 2 SCC 745 : AIR 1977 SC 1735) Supreme Court held that compulsory insurance under Section 95 need not cover passengers not carried for hire or reward; statutory liability under Section 95 cannot be fastened upon insurer for such passengers. Also recognized that insurers may voluntarily cover extra risks beyond statutory requirements. Relied upon as authoritative support that passengers traveling gratis are not covered by statutory compulsory insurance and that extended coverage is possible only if the policy specifically provides for it.
Ambaben v. Usmanbhai Amirmiya (AIR 1979 Guj 9) Full Bench held policy contemplated by Section 95(1)(b) does not cover risks to persons other than those carried for hire or reward, except certain employees; gratuitous passengers have no claim against insurer under statutory policy. Used to reinforce the interpretation that the proviso to Section 95 limits the beneficiaries of statutory insurance and that free-lift passengers cannot rely on insurer liability under compulsory insurance.
M. Suryanarayana v. G. Satyavati ((1979) 1 A.P.L.J 401) Held that the contract of employment in Section 95 can include persons on the vehicle pursuant to a contract of employment with the owner of the goods carried; owner of goods traveling with permission may fall within Section 95 coverage. Cited to show circumstances where persons traveling with permission (e.g., owner of goods) may be covered; the court noted this decision is far removed from the instant facts (gratuitous passenger).
N.I.A. Company Ltd. v. S. Jaffar (1982 (1) A.P.L.J 316) Dealt with passengers carried for hire or reward; insurer relied on policy condition and permit violation to escape liability under Section 96(2) (extended coverage immunity). Distinguished by the court: it concerned hire/reward passengers and insurer's immunity under Section 96(2). The present court criticized that decision for not fully addressing the statutory Act-policy liability under Section 95.

Court's Reasoning and Analysis

The court began by emphasizing the central role of Sections 95 and 96 (and related provisions in Chapter VIII) in determining insurer liability under the Motor Vehicles Act. It explained the following key points, drawn directly from the opinion:

  • Section 95 prescribes the requirements of compulsory insurance and, as a main rule, provides coverage for liabilities to third parties (including death or bodily injury) arising out of use of a vehicle. However, the proviso to Section 95 circumscribes the reach of the phrase "any person" and excludes certain categories—particularly passengers not carried for hire or reward—from mandatory coverage under the Act.
  • Section 96 links the claimant (a third party) to the insurer by obliging insurers to satisfy judgments covered by the terms of the policy, even where the claimant is not in privity of contract with the insurer. Thus, Section 96 permits claimants to sue insurers directly in prescribed circumstances.
  • The court surveyed the case law: Madras and Gujarat decisions (C. Narayanan and Ambaben) support the view that gratuitous passengers are not covered by the statutory (Act) policy under Section 95; Pushpabai (Supreme Court) firmly held that statutory insurance need not cover passengers not carried for hire or reward, while recognizing insurers may voluntarily extend coverage beyond statutory requirements.
  • The court observed that extended coverage beyond compulsory insurance is possible only if the particular policy so provides; Section 96(2) lists circumstances in which an insurer may be exonerated from liability for such extended coverage (e.g., deviations or breaches), thereby distinguishing statutory coverage from contractual/extended coverage.
  • The court considered the lower court's rationale: the Tribunal found rash and negligent driving and awarded compensation, rejecting insurer's defence because the insurer did not produce the policy. The appellate court found that, given the Tribunal's own finding that the passengers were traveling gratuitously, the insurer could not be fastened with liability under the Act policy (i.e., compulsory insurance under Section 95) for such passengers as a matter of statutory interpretation.
  • However, the court stressed that the actual terms of the policy must be examined to determine whether the insurer voluntarily undertook extended coverage that might include gratuitous passengers. Because such a perusal of the policy is necessary to assess whether extended (contractual) coverage exists, the appellate court could not simply allow the Tribunal's award to stand without the policy being considered.
  • Consequently, the court set aside the judgment awarding recovery against the insurer on the sole ground that the policy was not produced, and remitted the matter to the Tribunal for reconsideration in light of the statutory analysis and the observations made regarding Section 95 and Section 96 and the need to examine the policy terms for any extended coverage.

Holding and Implications

APPEAL ALLOWED

Direct effect on the parties:

  • The judgment and award of the Tribunal insofar as it imposed liability on the insurer (3rd respondent) solely because the insurer did not produce the insurance policy are set aside.
  • The matter is remitted to the court below for fresh consideration in light of the appellate court's observations: specifically, to examine the policy terms to determine whether the insurer voluntarily extended coverage to gratuitous passengers or is otherwise liable under the policy, and to reassess liability consistent with Sections 95 and 96 and the authorities discussed.
  • No costs were awarded (the opinion concludes "No costs").

Broader implications: The opinion explains and applies existing statutory provisions and precedent to limit the reach of compulsory insurance under Section 95 (excluding gratuitous passengers unless the policy provides extended coverage). The court did not announce a novel principle of law beyond interpreting and applying Sections 95 and 96 and the cited authorities; its order remits factual and policy-term issues for determination by the Tribunal.

    The Premier Insurance Co. Limited Vijayawada v. Vaddeswarapu Siromanamma And Others

    Rama Rao, J.:— The appellant is the third respondent in the original petition filed under Sec. 110-A of the Motor Vehicles Act for compensation of Rs. 20,000/- The petitioners 1 to 4 filed a petition for award of compensation of Rs. 20,000/- in respect of the accident that, took place on 31-10-1969 near Kanuru village of Machilipatnam-Vijayawada road when lorry A.P.K 6572 of the 1st respondent wherein the deceased was traveling hit against a lorry APK 8545 stationed at Kanur it is stated that the lorry of the driver APK 6572 plying towards Vijayawada offerred a lift to the deceased and the 2nd respondent while driving the lorry rashly and negligently hit at lorry APK 8545 and due to the impact the deceased received severe injuries and he died in the Government hospital, Vijayawada. The 1st petitioner is the wife and petitioners 2 to 4 are the children of the Deceased. The 1st respondent is the owner of the lorry and the 2nd respondent is the driver of the lorry and the 3rd respondent, the appellant herein is Premier Insurance Co. Ltd., Vijayawada. The 1st respondent filed the written statement stating that the accident is not due to rash and negligent driving of the driver and the petitioners are not entitled to the compensation sought for. The 3rd respondent while adopting the same plea with regard to rash and negligent driving also pleaded that the terms and conditions of the insurance policy do not cover the liability for an accident and the loss of lite of the deceased Rosaiah who was not an employee of the insured and who was traveling gratuitously on the date and time of the accident in the lorry at the instance of the driver, the 2nd respondent, who is not expected to take outside passenger, which is contrary to the terms and conditions of the policy. On the above pleadings the Tribunal came to the conclusion that the accident is the consequence of rash and negligent driving of the lorry by the 2nd respondent. It is also found that the claim for Rs. 20,000/- made by the petitioner is reasonable. Regarding the plea taken by the Insurance Company denying their liability, it is held that the insurance policy is not placed before the Court and it is not known what are the terms and conditions of the policy and therefore they are not entitled to take this plea, Finally it is held that the petitioners are entitled to the compensation of Rs. 20,000/- as claimed by them and recover the same as against respondents 1 to 3.

    2. This appeal is at the instance of the 3rd respondent. Premier Insurance Company Ltd. Vijayawada. The learned counsel for the appellant contended that the compulsory insurance policy does not cover the passengers taken on free lift and further the policy does not contemplate liability in respect of unauthorised passengers as the policy is not intended for such contigency and in any event the claimant cannot have cause of action against the Insurance Company in the absence of privity of contract and owner of the vehicle alone has cause of action on the basis of policy.

    3. The learned counsel for the respondent contended that the compulsory insurance policy enures to the benefit of the claimants and in any event the Insurance Company cannot deny the liability in the absence of production of policy which defines the terms of coverage. It may be recalled that the learned counsel for the appellant confined himself to the above legal contentions only and did not assail the findings arrived at by the Tribunal regarding the rash and negligent driving and the quantum of compensation.

    4. It is necessary to have grips over the reach of Sections 95 and 96 of the Motor Vehicles Act to appreciate the contentions raised by the learned counsel.

    “95. Requirements of policies and limits of liability—

    (1) In order to comply with the requirements of this Chapter, a policy of insurance may be a policy which—

    (a) is issued by a person who is an authorized insurer or by a co-operative society allowed under Section 108 to transact the business of an insurer;

    (b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (?)—

    (i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place:

    (ii) against the death of or bodily injury to any passenger of a public service Vehicle caused by, or arising out of, the use of the vehicle in a public place.

    Provided that a policy shall not be required—

    (i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment, other then a liability arising under the Workmens Compensation Act, 1923 (8 of 23) in respect of the death of, or bodily injury to, any such employee—

    (a) engaged in driving the vehicle; or

    (b) if it is a public service vehicle, engaged as a conductor of the vehicle, or in examining tickets on the vehicle, or

    (c) if it is a goods vehicle, being carried in the vehicle; or

    (ii) except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, to cover liability in respect of the death of or bodily injury to persons being carried in or upon or entering or mounting or alighting from the vehicle at the time of the occurrence of the event out of which a claim arises, or

    (iii) to cover any contractual liability.

    5. Duty of insurers to satisfy judgments against persons insured in respect of third Party risks—(1) If, after a certificate of insurance has been issued under Sub-Section (4) of Section 95 in favour of the person by whom a policy has been effected, judgment in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of Section 95 (being a liability covered by the terms of the policy) is obtained against any person insured by the policy, then, not withstanding that the insurer may be entitled to avoid or cancel or may have avoided of can celled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder, as if he were the judgment-debtor, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments.”

    6. Section 95 and 96 are key provisions touching the insurance policy covering risks. The compulsory insurance and the coverage for third party risks are provided to ensure the third party to get damages in the event of accident and resultant injuries or otherwise without reference to the financial condition of the driver or Owner of the vehicle. The policy can have an extended coverage in addition to compulsory insurance. Section 96 enables the claimants to claim damages against the insurance company after due notice to the company and in such an event the liability is fastened upon the Insurance company though there is no privity of contract between the claimant and insurance company.

    7. The learned counsel for the appellant relied upon the decision of the Madras High Court in C. Narayanan v. M.S.P.G Sammelan (AIR 1974 Madras 278). This decision is concerned with the claim of a person under the insurance policy traveling otherwise than in pursuance of a contract of employment. The issue is whether a person, who travels in a lorry without authority and not in the course of employment will be entitled to any compensation when the lorry met with an accident due to the negligence of the driver. The Division Bench of Madras High Court consisting of Kailasam and Maharajan, JJ. and Kailasam, J. speaking for the Court held that when the person is not employed and is traveling without any authorization there is no provision in the Act to protect such a person. In such a situation the insurer or the owner of the vehicle cannot be fastened with any liability for the injuries sustained by the person who was traveling without authority in the lorry and sustained injuries due to the negligence of the driver. It is further held that a passenger carried by a lorry will not be covered by the Insurance policy unless he is proved to be a passenger traveling by reason of or in pursuance of a contract of employment. The next decision relied upon by the learned counsel is Pushpabai v. Ranjit G. & P. Co. ((1977) 2 SCC 745 : AIR 1977 S.C 1735). In this case the person was traveling in the vehicle on his own responsibility and for his own purpose and absolutely gratis and the issue that came up for consideration is whether the policy of insurance covers the risk to the passengers who are not carried for hire or reward. In the context of considering this issue, it was held by Kailasam, J. as follows:—

    “Sections 95(a) and 95(b)(i) of the Motor Vehicles Act adopted the provisions of the English Road Traffic Act, 1960 and excluded the liability of the insurance company regarding the risk to the passengers. Sec. 95 provides that a policy of insurance must be a policy which insures the persons against any liability which may be incurred by him in respect of death or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place. The plea that the words “third party” are wide enough to cover all persons except the person and the insurer is negatived as the insurance cover is not available to the passengers made clear by the proviso to sub-section which provides that a policy shall not be required.

    “Therefore it is not required that a policy of insurance should cover risk to the passengers who are not carried for hire or reward. As under Sec. 95 the risk to a passenger in a vehicle who is not carried for hire or reward is not required to be insured the plea of the counsel for the insurance company will have to be accepted and the insurance company held not liable under the requirements of the Motor Vehicles Act. The Supreme Court held that where passenger is not earned for hire or reward statutory liability cannot be fastened upon the insurer under Sec. 95 of the Act. The Supreme Court further held that the insurer is always at liberty to take policies covering risks which are not covered by compulsory insurance. In a policy comprehending compulsory insurance and coverage beyond statutory compulsion the claimant is deposited with the right to claim damages against the Insurance company in addition to damages following from statutory insurance. The learned counsel invited to the decision of the Gujarat High Court in Ambaben v. Usmanbhai Amirmiya (AIR 1979 Guj 9). The Full Bench of Gujarat High Court held that the policy contemplated by Sec. 95(i)(b) of the Act does not cover the risks to persons other than those who were carried for hire or reward at the time of occurance of event which gives rise to the claim against the in surer and passengers other than those who were bona fide employees of the owner or hirer of the vehicle not exceeding six in number, carried in pursuance of or by reason of a contract of employment. It is further held that where free lifts are given by the drivers of goods vehicle or public service vehicle and if an event occurs which gives rise to a claim against the owner of the vehicle and against the insurer, such passengers who are not carried for hire or reward would have nothing to fall back upon except the claim against the owner of the vehicle. Section 95(1)(b) of the Motor Vehicles Act mandates the compulsory insurance of the third party rick in respect of death or bodily injury to any person caused by or arising out of the use of the vehicle in a public place. The wide amplitude of the expression “any person” occuring in the main provision is denuded by the proviso pertaining to the beneficiaries under statutory insurance.

    8. Chapter VIII of the Motor Vehicles Act is a comprehensive code comprising the compulsory insurance and third party risks, the liability of the owner and Insurance company and the procedure for settlement of claims. Section 94 obligates the user of the motor vehicle to obtain policy of insurance in consonance with the requirements of Chapter VIII. The object of this provision is to enable the third party to claim and recover damages from the Insurance Company without recourse to the financial capacity of the driver or owner of the vehicle. Sec. 95 stipulates the compulsory coverage of insurance policy and the insurance company is under an obligation to satisfy the liability in respect of a death or bodily injury of a passenger if he is permitted to travel for hire or reward or pursuantto a contract of employment. In view of proviso circumscribing the width of the expression ‘any persons’ occuring in Sec. 95(1)(b) the liability is fastened in the event of carrying the passenger for hire or reward but not gratutiously and this is confined to compulsory insurance. The freedom to have the comprehensive coverage of insurance or specification of liabilities for diverse risks is not excluded. The extended coverage in addition to compulsory insurance is visualised and the liability of the Insurance company for extended coverage is hedged in by provisions specified in Sec. 96(2) of the Act. The Insurance company can be exonerated from the liability in respect of coverage other than statutory insurance in the event of deviations, lapses or infractions postulated in Sec. 96(2). The liability under Act policy pursuant to Sec. 94 and Sec. 95 of the Act is circumscribed by the provisions of Sec. 95. In the event of passenger taken on for hire or reward or pursuant to employment the Insurance company will be mulcted with liability for damages within the pecuniary limits envisaged under Sec. 95. The claim for damages in respect, of Act policy is regulated by the provisions i.e, Sec. 95 and if the requirements beset in Sec. 95 are satisfied the damages can be awarded. The right of the claimant to get damages pursuant to compulsory insurance Under Sec. 95 cannot be forfeited or bristled down by any other conditions in the policy which are alien to the ‘requirements’ specified in Sec. 95. The purport of Sec. 96 is to fasten liability on the insurer in the claim petition filed by the claimant despite the absence of privity between the claimant and the insurance company. The Insurance policy is a bilateral arrangement between the Insurance company and insured and the Insurance company is liable to reimburse or satisfy the claim for damages to the insured only and Sec. 96 is designed to provide a link between the claimant and the insurance company. The object of Sec. 96(1) is to avoid recurrence of litigation in the event of awards of damages to the claimant and Sec. 96 enables the claimant to lodge the claim for damages for once against the owner and Insurance company as wall and recover on giving notice to the Insurance company. The combined effect of the provisions of Sections 94, 95 and 96 is that the Insurance company pursuant to Act policy is bound to cover certain risks on fulfilment of certain conditions and other company may choose to cover other risks by negotiation though the company is not bound to cover the same under the statute. Sec. 96(2) catelogues circumstances and events and the breach of the same operates as cushion to the Insurance company and exonerate the company from liability.

    9. The reference is made to the decision reported in M. Suryanarayana v. G. Satyavati ((1979) 1 A.P.L.J 401). In this case the owner of the goods was also traveling in the lorry. The rash and negligent driving on the part of the driver was found, the Division Bench consisting of Gangadhara Rao and Amareswari, J. and Amareswari, JJ. speaking for i.e Court held that the contract of employment found in Sec. 95 covers not only a contract with the owner of the insured vehicle, but also persons who are on the vehicle pursuant to a contract of employment with the owner of the goods carried in it. The owner of the goods was traveling in the vehicle with the permission of the driver and the cleaner. This case turned upon the issue whether the master is vicariously liable for the act of his servant acting in the course of employment, and whether there is a prohibition in law to carry persons in the lorry and dealing with clauses 4 and 5 of Rule 213 sub-rule (5) of Motor Vehicles Rules, it was held that there is no prohibition in law to carry less than six persons in the lorry. It was held that the contract of employment contemplated in Sec. 95 covers not only a contract with the owner of the insured vehicle but also persons who are on the vehicle pursuant to a contract of employment with the owner of the goods carried in it. This case turned upon the issue whether the compulsory insurance covers the owner of the goods who has been traveling with the express permission and consent of the driver. It was held that the insurance company is liable on two grounds viz., that the owner of the goods was traveling in the lorry pursuant to the employment and also there is no prohibition under the Motor Vehicles Rules. This case is far removed from the facts arising in the instant case. The reference is also made to the decision of this Court in N.I.A Company Ltd. v. S. Jaffar (1982 (1) A.P.L.J 316). In this case the passengers were carried for hire or reward. The passengers were permitted to travel in the lorry on payment of charges and it was concluded that they were carrying for hire or reward. The insurance company contended that there is a specific condition in the policy that the vehicle should not be used for a purpose not allowed by the permit under which the vehicle and in violation of permit the passengers were permitted to travel on the payment of hire or reward. On these facts construing Sec. 95 and also Sec. 96(2) of the Motor Vehicles Act, Jeevan Reddy, J. held that the persons have been traveling contrary to the specific condition in the policy and also the permit and in the process of arriving at this conclusion distinguished the Division Bench decision of this Court in 1979 (1) A.P.L.J 401 (4 Supra) observing that the passengers traveling on payment of wages do not come within the purview of category of persons or employees mentioned in Rule 213. The considerations pertaining to act policy and the statutory liability under Sec. 95 of the Act were not considered. This decision squarely rested upon the immunity of the Insurance Company under Section 96(2) pertaining to extended coverage but the liability of the company pursuant to Act policy under Section 95 is glossed over. This conclusion is not in consonance with the provisions of the statute and the ratiocination propounded by the Supreme Court in (1977) 2 SCC 745 : AIR 1977 SC 1735 (2 supra) and we are unable to agree with the view taken by Jeevan Reddy, J.

    10. The court below having found that there is rash and negligent driving passed an award against the Insurance Company on the sole ground that the policy is not produced by the company in view of the finding by the court below that the passengers were traveling gratuitously the liability cannot be fasteded upon the company on the basis of Act policy or compulsory insurance envisaged under Sec. 95 of the Act. It is true that the perusal of policy is necessary to consider whether the policy covers the liability in respect of passengers by lift or without payment of hire or reward and other risks. Therefore, the judgment of the court below is set aside and the matter is remitted to the court below for consideration in the light of observations herein before.

    11. Appeal Allowed. No costs.

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    Comments

    The Premier Insurance Co. Limited Vijayawada v. Vaddeswarapu Siromanamma And Others
    (Feb 16, 1983)