E.i. Narayanan and ors. Vs. the Regional Transport Authority, Trichur and ors.

motor vehicles - stage carriage permit - sections 46 and 47 of motor vehicles act, 1939 and rules 17 and 186 of kerala motor vehicles rules, 1961 - whether applicant who applied for grant of stage carriage permit specifying in application particulars of vehicle entitled to be preferred for grant of permit in relation to other applicants who have not specified vehicles proposed to be used - not obligatory for applicant to furnish in application particulars of vehicle proposed to be used for stage carriage - rule 186 suggests that vehicle can get possession of even after order for issue of permit - once preference given to applicant who furnished particulars of vehicle such preference cannot alone be ground for cancellation of permit. - motor vehicles act, 1988[c.a.no.59/1988] section 147 (1)(b)(i) [as amended in 1994]; [v.k. bali, cj, m.ramachandran & s. sirijagan, jj] third party risk gratuitous passengers - liability of insurance company held, gratuitous passengers in transport vehicles, including a motor cycle, can have coverage only when a comprehensive policy or extended policy as might be possible to be issued has been availed of by the owner of the vehicle. only in such cases, the insurance company is required to compensate. payment of premium alone can cast a corresponding duty on the insurer for rendering coverage on any such group, when they are not required to be mandatorily brought under insurance protection. [oriental insurance co. ltd. v ajaykumar, 1992 (2) ker lt 886 (f.b) is no longer good law in view of united india insurance co. ltd. v tilak singh, air 2005 sc 1576 & new india assurance co. ltd. v asha rani, air 2003 sc 607. united india insurance co. ltd. v appukuttan, 1995 (1) ker lt 807; 1996 aihc 933 (ker) overruled].order20. leave to appeal to the supreme court is orally asked for. we do not think that any substantial question of law of general importance arises, on which, in our opinion, a pronouncement by the supreme court is necessary. we decline to grant leave to appeal to the supreme court.