Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Fatal Accident Motor Vehicles Act 1988 |
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 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988: s.166 – Comprehensive Private Car‘B’ Policy – Fatal accident – A surgeon working in respondent no.3hospital was travelling in a bus owned by the hospital which metwith an accident due to rash and negligent driving of the driver ofthe bus – The surgeon was seriously injured and ultimatelysuccumbed to his injuries – Claim for compensation by his wife –The policy contained a clause that the insurance company wouldnot be liable where death or injury arose out of and in the courseof employment of such person by the insured – Insurance companydenied the claim on the ground that the deceased surgeon was anemployee of the hospital, thereby excluding the liability of insurancecompany – Tribunal held that the contract was a contract for serviceas a result of which the deceased could not have been held to be inthe employment of respondent no.3 and insurance company wasliable – However, High Court held that since the contract was acontract of service, the insurance company could not be held liable– Whether the surgeon could have been said to be the employee ofrespondent no.3 on the date of accident as a result of which thelimitation of liability provision in favour of insurance company wouldkick in – Held: The intention of the parties is to be gathered fromthe terms of the contract – The contract between the surgeon andthe hospital was for three years extendable only by mutual consentand his remuneration was described as honorarium – The terms ofthe contract was one for service, and that with effect from the dateon which the contract begins, the surgeon would no longer remainas a regular employee of the hospital, making it clear that his serviceswere no longer be as a regular employee but as an independentprofessional – Also, there was endorsement IMT-5 which providedpersonal accidental cover to unnamed passengers other than theinsured and his paid driver or cleaner – Additional premium waspaid for endorsement IMT which would, therefore, be applicable inthe facts of this case, the deceased being one such unnamedpassenger – High Court’s order is set aside and the order of tribunalis restored. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2020 INSC 336 |
Petitioner | Sushilaben Indravadan Gandhi & Anr. |
Respondent | The New India Assurance Company Limited & Ors. |
SCR | [2020] 9 S.C.R. 32 |
Judgement Date | 2020-04-15 |
Case Number | 2235 |
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