Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act Requisitioning |
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) and 166 - Requisitioning of vehicle by State for use in the election duty - Liability to pay compensation to victim of accident - Held: Is on the State and not the registered owner of vehicle or its insurer - Motor Vehicles Act, 1939 - s.2(19) - Representation of the People Act, 1951. The vehicle in question belonging to respondent No.3 was requisitioned during the Assembly Elections by SDM, and was in his possession and control. The SDM was travelling in the said vehicle when accident took place resulting in death of one boy. The heirs and LRs of deceased boy filed claim petition for compensation. MACT held that under the terms of insurance policy, the appellant-insurer was not liable to reimburse the owner of vehicle as regards his liability to pay compensation on account of the accident. On appeal, High Court held that the owner of the vehicle, the State Government and insurer were jointly and severally liable to pay the compensation. In appeal to this Court, the appellant-insurer contended that having regard to the definition of 'owner' as contained in s.2(30) of the Motor Vehicles Act, 1988 and as the vehicle in question was not used for the purpose for which the contract of insurance was entered into, the judgment of the High Court was not sustainable. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1257 |
Petitioner | National Insurance Co. Ltd. |
Respondent | Deepa Devi And Ors. |
SCR | [2007] 13 S.C.R. 134 |
Judgement Date | 2007-12-11 |
Case Number | 5796 |
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