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Supreme Court Of India

(From : 2000 (2) ACJ 1585 (H.P.))

Hon'ble Judge(s): A. K. Mathur, P. K. Balasubramanyan , JJ

(A) Motor Vehicles Act (59 of 1988) , S.147(1)(b)(ii), S.149— Liability of insurer - Extent - Overloaded stage carriage involved in accident - Liability of insurer would only be limited to number of passengers permitted to be carried in vehicle - Even S. 149 cannot bind insurer to pay amount outside contract of insurance. The extent of liability of the insurance company in respect of the passengers of a stage carriage insured in terms of Section 147 (1)(b)(ii) of the Act is limited only to the number of passengers authorised to be carried in the vehicle.(Para 15) Section 147 (1)(b)(ii) of the Act obliges the owner to take out insurance compulsorily against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a public place. Section 58 of the Act makes special provisions in regard to transport vehicles. Sub-section (2) provides that a registering authority, when registering a transport vehicle, shall enter in the record of registration and in the certificate of registration number of passengers for whom accommodation is provided. Thus the registration of the vehicle, which alone makes it usable on the road, records the number of passengers to be carried and the certificate of registration also contains that entry. So, an insurance company insuring the pa....