REGENT COMPUTRONICS PVT. LTD.

SANTRA BAI Appellant

V/S

PRAHLAD Respondents

Referred Judgements :-

SOUTH INDIA INSURANCE CO. LTD. INDORE V. HEERABAI [REFERRED TO]
PUSHPABAI PURSHOTTAM UDESHI VS. RANJIT GINNING AND PRESSING CO PRIVATE LIMITED [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]
ABDUL RAZZAK VS. SHARIFUNNISA [REFERRED TO]
HINDUSTHAN IDEAL INSURANCE CORPORATION LIMITED VS. MANNE CHIMPERAMMA [REFERRED TO]
M SURYANARAYANA VS. G SATYAVATBI [REFERRED TO]
M SURYANARAYANA VS. G SATYAVATBI [REFERRED TO]
CHANNAPPA CHANNAVEERAPPA KATTI MALLAPPA MALAKAJAPPA NIDAGUNDI VS. LAXMAN BHIMAPPA BAJENTRI YELI BUDEPPA BANKAPUR [REFERRED TO]
INDIAN MUTUAL GENERAL INSURANCE SOCIETY LTD VS. MANZOOR ASHAN [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LTD VS. NARAYANIBAI [REFERRED TO]
VENGUARD INSURANCE CO VS. CHINNAMMAL [REFERRED TO]
COMMON WEALTH ASSURANCE CO LTD VS. V P RAHIM KHAN SAHIB [REFERRED TO]
SOUTH INDIAN INSURANCE CO VS. P SUBRAMANIAM [REFERRED TO]
STATE INSURANCE DEPARTMENT STATE INSURANCE OFFICER VS. SOSAMMA MANI [REFERRED TO]
NASIBDAR SUBA FAKIR VS. ADHIA AND COMPANY [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE CO VS. GURDEV KAUR [REFERRED TO]

JUDGEMENT

(1.) Learned single Judge by order dated Aug. 9, 1984, has referred all the above appeals to a larger bench for authoritative decision on the question of liability of the Insurance Company under sections 95 and 96 of the Motor Vehicles Act, 1939 (hereinafter called 'the Act') in respect of the death or injury caused to persons who travelled in the goods vehicle with the goods or without goods or either in contract of service of the owner of the vehicle or otherwise.

(2.) Learned single Judge has observed :

(3.) There is divergence of opinion between different High Courts in this country on the question whether an insurer is liable to indemnify the owner of the goods, when he receives bodily injury or death while accompanying the goods or without goods in a goods vehicle which he hires from the owner of the vehicle. Bombay, Karnataka, Gujarat, Orissa, Kerala and Allahabad High Courts have taken the view that insurance company is statutorily liable to indemnify the owner of the goods also while Punjab, Calcutta, Madras and Andhra Pradesh High Courts have taken a contrary view.

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SANTRA BAI Vs. PRAHLAD

Referred Judgements :-

JUDGEMENT

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