SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1990 Supreme(MP) 115

B.C.VARMA
Mohammad Ilias – Appellant
Versus
Bodhani Bai – Respondent


Advocates:
K.S. Wadhwa for applicant; H.B. Agarwal for non-applicant No.8.

ORDER

B.C. Varma, J. -- 1. This revision arises out of the order dated 29.4.1987, passed by the Motor Accident Claims Tribunal, Raipur, in Claims Case No. 92 of 1986. By that order, the Claims Tribunal awarded a sum of Rs.15,000/- under section 92-A of the Motor Vehicles, Act, 1939, in favour of the claimants (non-applicants Nos. 1 to 6). However, on observation that the deceased was unauthorisedly travelling, in the truck, the Insurance Company has been exonerated from discharging this liability.

2. The contention of the truck-owner, who has preferred this revision is that the Insurance Company should also have been jointly made liable under section 92-A.

3. Having heard counsel for the parties, I am of the opinion that the contention is well-founded and the revision must be allowed. Section 92-A of the Motor Vehicles Act is as follows:-

"92-A. Liability to pay compensation in certain cases on the principle of no fault--

(1) Where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owner of the vehicles shall, jointly and severally, be








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top