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Rajasthan High Court · body

2002 DIGILAW 1625 (RAJ)

United India Insurance Company Ltd. v. Smt. Rahima Widow of Saleem Musalman

2002-09-19

B.PRASAD

body2002
JUDGMENT 1. - Heard.The present appeal is filed by the United India Insurance Company challenging its liability in relation to an accident which had occurred when a person was desiring to board a truck. The Tribunal has decreed the claim. 2. The Insurance Company challenges the same on the ground that in a motor vehicle which is registered as a transport vehicle, there is no provision for granting any compensation under the insurance cover. The insurance company has contended that in view of the law laid down in ` Smt. Mallawwa v. Oriental Insurance Co. Ltd.' reported in AIR 1999 SC 589 , the insurance company is not liable. This case is applicable only in matters arising under the old Act as contained in Para 13 of the said judgment. 3. The Tribunal has considered the case of claimants and it has come to the conclusion that the deceased wanted to board the truck with the permission of the driver. The claimants have relied on a case decided by Madhya Pradesh High Court in the matter of ` Pannalal Kesharwani v. Ram Avtar Mittal & Ors.' reported in 2002 ACJ 1097 and has canvassed that the insurance company is liable to reimburse the truck owner for the award made against the owner of the truck. Respondents have further relied upon a case of ` New India Assurance Co. Ltd. v. Satpal Singh & Ors.' reported in 2000 ACJ 1 and has said that in terms of Section 147 of Motor Vehicles Act, 1988, the insurance company is liable. 4. Learned counsel for the insurance company has submitted that the effect of Satpal's case (supra) is pending adjudication before a Larger Bench and is, therefore, not applicable. 5. I have considered the rival submissions. The law laid down in ` New India Assurance Co. Ltd. v. Satpal Singh' is definitely a case covering the case of the claimants. Mere pendency of a reference cannot be considered to mean that law is not what has been said in this case. Hence, the judgment of the Tribunal is not liable to be disturbed. The appeal having no force is hereby dismissed.Appeal dismissed. *******