Supreme Court · 1998 INSC 443 · Decided 27 November 1998
SMT. Mallawwa ETC. v. The Oriental Insurance CO. LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 443 · [1998] SUPP. 3 S.C.R. 152
- Case number
- CIVIL APPEAL No. 3659/1993
- Decided
- 27 November 1998
- Bench
- M.K. MUKHERJEE, G.T. NANAVATI, B.N. KIRPAL (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 95(1)(b), 95(1), 95
Headnote
Motor Vehicles Act, 1939. S. 95(1) (b), proviso (ii)-Goods carriages-Carrying persons like goods C owners, hirers or gratuitous passengers-Accident-Death of passenger­ Liability f'Jf insurer-Held, goods carriage cannot be considered as a passengelvehic/e on the basis of single use or use on correct test to determine whether a passenger was carried for hire or reward would be whether there has been D a systematic carrying of passengers-A vehicle so used can only be said to be a vehicle in which passengers are carried for hire or reward. In two different cases arising out of motor
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