Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1939 (4 of 1939) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1939-Ss. 94, 95 and 96-Victim of motor vehicle accident-Compensation from insurance company-insurance against third party risk-Immunity of Insurance Company-Extent of-In case of breach of conditions of Insurance policy. Statutory Interpretation-Intention of Legislature-Ascertainment of-To probe the motive and philosophy of the relevant statutory provisions. The driver of a truck handed over the control of his vehicle to the cleaner while its engine was running and the ignition key was in the ignition lock. In the absence of the driver, who had gone for bringing snacks the cleaner Interfered with the vehicle, which resulted in an accident. The Tribunal as well as the High Court held that this being the immediate cause of the accident, the owner of the truck was vicariously liable. The High Court further held that since the owner never gave permission to his cleaner to drive, be could not be held guilty of the breach of the contractual condition embodied in the policy of insurance and, therefore, the insurer cannot plead any exception on the ground that the owner had committed breach of the specified condition. In the appeal to this Court, on behalf of the appellant-Insurance Company it was contended: (i) that in view of the exclusion clause in the insurance policy the Insurance Company would not be liable if it was established that the accident occurred when an unlicenced person was at the wheels; (ii) that the exclusion clause is strictly in accordance with the statutorily permissible exclusion embodied in s. 96(2)(b)(ii) of the Motor Vehicles Act, 1939 and (iii) that under the circumstances the appellant-Company is not under a legal obligation to satisfy the judgments against the insured. |
Judge | Hon'ble Mr. Justice M.P. Thakkar |
Neutral Citation | 1987 INSC 92 |
Petitioner | Skandia Insurance Co. Ltd. |
Respondent | Kokilaben Chandravadan & Ors. |
SCR | [1987] 2 S.C.R. 752 |
Judgement Date | 1987-04-01 |
Case Number | 1306 |
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