Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor Vehicles Act, 1988; Proviso to Section 147/Motor Vehicles Act, 1939; Section 95:Third Party risks - Goods Vehicle - Liability of Insurer - Held: Though Section - 147 of 1988 Act makes compulsory insurance coverage against death/bodily injury to any passenger of public carriage but there is no reference of such coverage to any passenger in goods carriage - Provisions under both the Acts makes it clear that legislative intent was to prohibit goods vehicles from carrying any passengers - Provisions under the 1988 Act do not enjoin any statutory liability on the owner of a goods carriage to get his vehicle insured for any passenger traveling in a goods carriage and the insurer would incur no liability therefor - However, the matter remitted to High Court for the limited purpose of fixing the responsibility of the person who is to - Satisfy the award made by the Tribunal.A Tata Truck while proceeding towards Mizoram met with an accident. Two claim cases were filed before the Motor Accident Claims Tribunal, Manipur under Motor Vehicles Act, 1988. The tribunal vide its common judgment and award awarded certain amount of compensation in both the cases. Insurer filed appeals thereagainst, which were allowed by the High Court. Hence the present appeals.Appellant contended that the High Court ought to have directed the insurer to pay and recover the amount from the insured. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1096 |
Petitioner | Smt. Thokchom Ongbi Sangeeta@ Sangi Devi And Anr. |
Respondent | Oriental Insurance Co. Ltd. And Ors. |
SCR | [2007] 11 S.C.R. 609 |
Judgement Date | 2007-10-23 |
Case Number | 4946 |
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