NDLI: Shivraj Vs. Rajendra & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Motor Vehicles Act Compensation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Motor Vehicles Act, 1988 (59 of 1988)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Motor Vehicles Act, 1988 – s.166 – Compensation – Appellant was travelling in a tractor when the driver of the tractor driving in a rash and negligent manner dashed the tractor against a big mud stone, consequent to which appellant sustained grievous injuries – Claim petition u/s.166 – Tribunal held that claim of appellant was covered by the insurance policy and awarded compensation of Rs.9,02,324/- payable jointly by the owner of the vehicle and the respondent no.2-insurer – However, High Court held that appellant travelling in tractor was in breach of insurance policy and absolved the insurer from the liability to pay compensation – On appeal, held: High Court rightly found in favour of insurer that the appellant travelled in the tractor as a passenger which was in breach of the policy condition, for the tractor was insured for agriculture purposes and not for carrying goods – Appellant travelled in the tractor as a passenger, even though the tractor could accommodate only one person namely the driver – Resultantly, insurer was not liable for the loss or injuries suffered by the appellant or to indemnify the owner of the tractor – However, in view of the consistent view taken by the Supreme Court in various judgments, insurer directed to pay the compensation amount determined by the Tribunal and affirmed by the High Court to the appellant with liberty to recover the same from the tractor owner.Disposing of the appeals, the Court HELD: 1. The High Court rightly found in favour of respondent No.2 (insurer) that the appellant travelled in the tractor as a passenger which was in breach of the policy condition, for the tractor was insured for agriculture purposes and not for carrying goods. The evidence on record unambiguously pointed out that neither the trailer was insured nor any trailer was attached to the tractor. Thus, the appellant travelled in the tractor as a passenger, even though the tractor could accommodate only one person namely the driver. As a result, the respondent No.2 (insurer) was not liable for the loss or injuries suffered by the appellant or to indemnify the owner of the tractor. That conclusion reached by the High Court is unexceptionable in the fact situation of the instant case. However, in the facts of the instant case, the High Court ought to have directed the Insurance Company to pay the compensation amount to the claimant (appellant) with liberty to recover the same from the tractor owner, in view of the consistent view taken in that regard by this Court. [Paras 9 and 10] [654-A-D]2. As regards, the determination of compensation amount by the tribunal and as affirmed by the High Court, the tribunal had taken into account all the relevant aspects and provided for just and proper compensation amount for different heads as are permissible. The High Court, therefore, was justified in not disturbing the said conclusion of the tribunal. The view so taken by the High Court affirmed. [Para 11] [654-F-G]
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2018 INSC 781
Petitioner	Shivraj
Respondent	Rajendra & Anr.
SCR	[2018] 10 S.C.R. 649
Judgement Date	2018-09-05
Case Number	8278

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Shivraj Vs. Rajendra & Anr.

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