Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988- ss.2(30), 147, second proviso to s.147(1) and s. 157-Accident by the bus given to Transport Corporation under a lease agreement by the registered owner thereof - Liability to pay compensation - Whether on the registered owner, the Corporation or the insurer - Held: In view of the provisions of ss. 2(30), 147 and 157 the insurer cannot escape the liability to pay the compensation - The liability of the insurer continues notwithstanding the contract of transfer of vehicle - Such contractual liability cannot be said to be excluded by virtue of second proviso to Section· 14 7 ( 1) - The Corporation being in actual control of the vehicle would be liable to make the compensation - Even though, the Corporation is treated as owner under Section 2(30), the registered owner continues to remain liable as per terms and conditions of lease agreement - Therefore, the registered owner, insurer as well as the Corporation would be liable to make the payment of compensation jointly and severally - In view of the terms of the agreement, the Corporation can recover the amount from the registered owner or insurer.Insurance - Insurance Policy- Nature of- Held: Policy of insurance is contractual obligation between the insured and the insurer. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2015 INSC 803 |
Petitioner | Managing Director, K.s.r.t.c. |
Respondent | New Indiaassurance Co. Ltd. & Ors. |
SCR | [2015] 10 S.C.R. 743 |
Judgement Date | 2015-10-27 |
Case Number | 5293 |
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