SUPREME COURT OF INDIA

Before:- A.P. Misra and N. Santosh Hegde, JJ.

Civil Appeals Nos. 8686-87 of 1983 with No. 2807 of 1992. D/d. 19.7.2000.

ational Insurance Co. Ltd. - Appellant

Versus

Parmar Mahiben and others - Respondents

Motor Vehicles Act, 1939, Sections 95(1)(b)(i) and proviso (ii) - Motor Vehicles Act, 1988, Section 147 - Passenger travelling in the goods vehicle is not required to be insured - Matter is squarely covered by the judgment of this Court in Mallawwa v. Oriental Insurance Co. Ltd. 1999(1) SCC 403 , where it is held that he is not required to be insured.

[Para 1]

Cases Referred :-

Mallawwa v. Oriental Insurance Co. Ltd., (1999) 1 SCC 403 .

ORDER

CAs Nos. 8686-87 of 1983

A.P. Misra, J. - The question raised in these appeals is, whether a passenger travelling in the goods vehicle is required to be insured. This matter is squarely covered by the judgment of this Court in favour of the Insurance Company, reported in Mallawwa v. Oriental Insurance Co. Ltd., (1999) 1 SCC 403 where it is held that he is not required to be insured. We make it clear that these cases are also a case under the 1939 Act. Accordingly, the appeals succeed in favour of the Insurance Company to the extent of its liability. The High Court judgment is set aside to that extent. Costs on the parties.

CA No. 2807 of 1992

2. Heard learned counsel for the parties. The appeal stands concluded as against the appellant and in favour of the Insurance Company reported in Mallawwa v. Oriental Insurance Co. Ltd., (1999) 1 SCC 403 .

3. In view of the order passed by this Court in CAs Nos. 8686-87 of 1983, this appeal is dismissed. Costs on the parties.

CAs Nos. 8686-87 of 1983 allowed. CA No. 2807 of 1992 dismissed.