Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988: ยท ss. 149 & 166 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor Vehicles Act, 1988: ss. 149 & 166 - Motor accident - Liability of insurer - Extent of - Tractor driven by son of one of the co-owners - Driver did not have a driving licence - Rash driving - Labourer travelling on mudguard of the tractor in breach of the contract of insurance, fell down and died - Claims Tribunal awarded compensation of Rs. 2 lakhs to heirs of the deceased holding that the insurance company was liable in regard to third party risk but entitled to recover compensation amount from the owners - Order upheld by High Court- On appeal, held: Case not fit for interference under Art. 136 of the Constitution - Insurance company permitted to recover dues from owners by filing application before the Claims Tribunal - No need for it to file separate execution petition against the owners - Constitution of India, 1950 - Art. 136. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2008 INSC 182 |
Petitioner | The New India Insurance Company |
Respondent | Darshana Devi And Ors |
SCR | [2008] 2 S.C.R. 810 |
Judgement Date | 2008-02-12 |
Case Number | 1232 |
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