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New India Assurance Company Ltd vs Anita @ Manisha Tukaram Mali & Ors

This judgment deals with whether passengers travelling in a goods carriage are covered under Section 147 of the Motor Vehicles Act and whether the “pay and recover” principle applies.


Case Snapshot

  • Case Name: New India Assurance Company Ltd. v. Anita @ Manisha Tukaram Mali & Ors. (and connected appeals)

  • Citation / Neutral Citation: 2026:BHC-AUG:46362

  • High Court: Bombay High Court, Bench at Aurangabad

  • Bench: Justice Rohit W. Joshi

  • Date of Judgment: October 5, 2026

  • Area of Law: Motor Vehicles Act; Section 147; goods carriage; gratuitous passengers; pay and recover; quantum of compensation


Judgment Headline

Bombay HC: Gratuitous Passengers in Goods Vehicle Not Covered, But Pay and Recover Applies


The Judgment in One Line

Bombay High Court held that passengers in a goods carriage were not owners of goods and not covered under Section 147, but applied pay and recover and reduced compensation in four appeals.


Why This Judgment Matters


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