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Wednesday, October 25, 2017

Liability of insurer — Victims hired vehicle only for transporting their goods

Deemed Goods Is Enough :

Motor Vehicles Act (59 of 1988) S.147 — Liability of insurer — Victims hired vehicle only for transporting their goods — Accident occurred before they reached destination point to purchase buffaloes — Even though said goods were not in vehicle at time of accident, goods had to be deemed to be with them — Victims could not be said to be gratuitous or paid passengers — Liability of insurer extends to person travelling in vehicle with goods — Insurer liable to pay compensation. 2008 (2) AIR Kar R 75, Rel. on. (Paras 3, 5)

Oriental Insurance
Vs Hazara & Ors
Delhi High Court [SJ]
AIR 2012 DELHI 26

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