2008 INSC 0457
                                    SUPREME COURT OF INDIA

                                       National Insurance Co. Ltd.

                                                      Vs.

                                             Most Mina Mishra

                                           C.A.No.1350 of 2008

                                    (S.B.Sinha and V.S.Sirpurkar,JJ.)

                                                 15.02.2008

                                                   ORDER

[Arising out of SLP(C) No.5664/2007]

1. Leave granted.

2. The question as to whether the appellant Insurance Company is liable in relation to death
or bodily injury suffered by the owner of a vehicle has since been covered by the decisions of
this Court in National Insurance Co. Ltd. vs. Laxmi Narain Dhut1, and The Oriental
Insurance Company Limited vs. Meena Variyal & Ors.2, In Meena Variyal (supra) it was
noticed by this Court:

        "We are thus satisfied that based on the ratio in Swaran Singh3 the insurance company
        cannot be made liable in the case on hand to pay the compensation first and to recover
        it from the insured, the owner of the vehicle. The deceased being an employee not
        covered by the Workmen's Compensation Act, of the insured, the owner of the
        vehicle, has not been covered compulsorily under the Act and only by entering into of
        a special contract by the insured with the insurer should such a person be brought
        under coverage. There is no case that there is any special contract in that behalf in this
        case."

3. For the reasons aforementioned, the impugned judgment cannot be sustained which is set
aside and the appeal is allowed.

Judgment Referred.

1(2007) 4 SCALE 0036
2(2007) 5 SCALE 0269
3(2004) 3 SCC 0297

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