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

2009 Supreme(MP) 1353

A.M.SAPRE
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
RAJENDRA – Respondent


JUDGMENT :

Sapre, J.

This is a miscellaneous appeal filed by insurance company, NA-3 u/s 173 of Motor Vehicles Act against an award dated 17.3.2006, passed by Twelfth Member, M.A.C.T., Indore in Claim Case No. 5 of 2002.

2. By impugned award, the Tribunal allowed the claim petition of respondent No. 1 (claimant) filed u/s 166 of the Motor Vehicles Act and awarded to him a sum of Rs. 2,06,000 towards compensation for the injuries sustained by him in the vehicular accident.

3. The appellant insurance company contends that no liability arising out of the accident could be fastened upon them. According to them, since the thresher fitted with tractor was not insured and only tractor was insured and hence no liability could be fastened upon them if accident occurs with such tractor/thresher.

4. So the main question that arises for consideration in this appeal is whether on facts pleaded, the Tribunal was justified in holding that insurance company is liable to suffer the award. In other words, whether any liability can be fastened upon the insurance company arising out of accident in question.

5. On 28.9.2001, Rajendra, i.e., claimant was working on thresher, which belonged to the respondent N













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