Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compensation: Fatal motor accident - Claim for compensation by the relatives of the deceased - Before Workmen Compensation Commissioner |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Compensation: Fatal motor accident - Claim for compensation by the C relatives of the deceased - Before Workmen Compensation Commissioner - Pleading that the deceased was employee of defendant Nos. 1,2 and 4 - Plea of defendant No.I that he was the owner of the vehicle (which the deceased was driving) and had sold the same to defendant No.4 - Award of compensation - Challenged by defendant No.3-insurance Company - High Court remanded the matter to Compensation Commissioner to determine inter se relationship between defendant No.I and the deceased as employer and employee - On appeal, held: There is no dispute that defendant No. I was the owner of the vehicle and the insurance policy was in his name - No material was placed to prove that the vehicle stood in the name of defendant No.4 - High Court having not returned any finding that vehicle was transferred to defendant No.4, ought not to have set aside the award - However, liability of the insurance company is not affected even if the vehicle gets transferred to the name of another party in view of s. 157 of Motor Vehicles Act, 1988 - Compensation Commissioner rightly fastened the liability on the Insurance Company - Motor Vehicles Act, 1988 - s. 157. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 617 |
Petitioner | Firdaus |
Respondent | Oriental Insurance Co. Ltd. & Ors. |
SCR | [2017] 6 S.C.R. 462 |
Judgement Date | 2017-07-14 |
Case Number | 9310 |
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