- (1.) The above two appeals were heard at length and reference was made by this court for consideration of the legal issues, to the larger Bench. The Hon'ble Chief Justice constituted a full bench consisting of three Hon'ble Judges who, after a careful and thoughtful consideration of the various legal issues involved in the case, have held as under: Thus, taking in view the entire case law and the provisions of Section 95 of the Act read with Rule 133 of the Rules following principles can be deduced: (i) in case of a gratuitous passenger going on joy-ride or on his own responsibility, insurance company is not liable; (ii) in case of passengers carried for hire or reward or by reason of or in pursuance of a contract of employment in any vehicle, the Insurance Company is liable. This would include owner of the goods as well as his employees; (iii) the insurer shall not be liable to cover liability in respect of employees of the insured in respect of the death of 4 or bodily injury to, any such employee arising out of and in the course of his employment other than a liability arising under the Workmen's Compensation Act,1923 if such employee is (a) engaged in driving such 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 goods vehicle being carried in the vehicle; (iv) the insurer shall not be liable to cover any contractual liability.
(2.) it is common ground between the parties now that in view of the above authoritative decision of the Full Bench, the liability of the insurance company in the present case would be limited to the liability arising under the Workmen's Compensation Act, 1923, and the principle No. (iii) deduced by their Lordships of the Full Bench, would apply.
(3.) It is also common ground that the liability in the present case for the death of Kewal Singh who, was working on the goods truck under the employment of Anar Singh the insurer of the owner-cum-driver of the truck No. RSM 2798, would be only to Rs. 7,000/-.;