Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1923 Section 3 149 Motor vehicles Act 147 146 Workmen's Compensation Act 166 and 173 1988: Ss. 140 |
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. 140, 146, 147, 149, 166 and 1731 Workmen's Compensation Act, 1923; Section 3: Goods vehicle-Accident-Death of driver-Claim Petition-Liability of insurer and owner of vehicle under 1988 Act and Workmen's Compensation Act-Held: In order to make the insurer liable to pay entire amount of compensation under the insurance policy covering the death/bodily injury caused to assured/employee in the course of employment, the owner must take a policy which clearly shows that insurer's liability under the policy is not restricted to liabilities under the Workmen's Compensation Act but is either more/unlimited-Since the policy in question contained Act liability Clause, the liability of the insurer is restricted to that arising under the 1923 Act. Owner of the vehicle directed to satisfy the remaining part of the award-Insurer could recover the excess amount if paid to the claimants from owner of the vehicle-Motor Vehicles Act, 1939. 'Policy for Act Liability' or 'Act Liability' Meaning of-Discussed The driver of a Truck met with an accident and died. Family members of the deceased filed a claim petition before the Motor Vehicles Accident Tribunal for award of compensation. The petition was dismissed by the Tribunal. On appeal, High Court held that the accident took place due to some defects developed in the vehicle and not because of the negligence of the driver/employee; that the owner of the vehicle had not taken due care in maintaining the vehicle; and that the Insurer was liable to satisfy the entire amount of compensation awarded to the claimants. Hence the present appeal. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 212 |
Petitioner | National Insurance Co. Ltd. |
Respondent | Prembai Patel And Ors. |
SCR | [2005] 3 S.C.R. 655 |
Judgement Date | 2005-04-18 |
Case Number | 6476 |
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