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REKHA BORANA
Oriental Ins Co. ltd. – Appellant
Versus
Swaroop Singh – Respondent
JUDGMENT :
Rekha Borana, J.
1. The present appeal has been preferred by the appellant Insurance company against the judgment and award dated 04.10.2000 passed by the Motor Accident Claims Tribunal, Bikaner in Motor Accident Claims Case No.39/1998.
The learned Tribunal, vide the impugned Award dated 04.10.2000, awarded a sum of Rs. 7,39,900/-as compensation along with interest @ 12% per annum from the date of filing of claim petition i.e. 28.04.1998, holding Insurance Company also liable to pay compensation.
2. Brief facts of the case are that a claim petition was preferred by the claimant Shri Swaroop Singh with the submission that on 30.06.1996, at about 04:00 PM, he was going on tractor bearing registration no.RJ13-5712 for testing its “Hera Set”. After about 3 kilometres from Loonkaransar, when it reached near Shambhu Singh Hotel, respondent no.3 Dulla Ram, while driving the tractor rashly and negligently, suddenly took the tractor on a sand dune whereby, the tractor overturned. As a result, the claimant came under the tractor and sustained injuries.
The Tractor, on the date of accident, was owned by respondent no.2 and was insured with appellant– Insurance Company.
The claimant claim
The insurance company is required to pay compensation to the claimant despite not being liable to indemnify the owner due to policy breaches, establishing a precedent for similar cases.
Insurer's appeal admission via affidavit that policy covered third-party liability for tractor and trailer shifts liability to insurer under Section 149 MV Act, overriding tribunal's finding of no co....
Insurance companies are not liable to indemnify for claims involving passengers if the vehicle was not authorized for passenger transport.
The main legal point established in the judgment is the interpretation of policy conditions, specifically regarding the coverage of the deceased under IMT 28, and the determination of liability for c....
The main legal point established in the judgment is that the liability of the insurance company for paying compensation is determined based on the interpretation of the definition of the vehicle invo....
Proviso (ii) to Sub-section (1) of Section 147 i.e., if the insured had taken a policy covering only third party risk, even then the driver of the vehicle which is insured and if it is a public servi....
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