Supreme Court of India
Shivraj v. Rajendra & Anr.
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What the Court ordered
In view of the above, the appeals are partly allowed to the extent of directing the respondent No.2 (Oriental Insurance Company Ltd.) to pay the compensation amount determined by the tribunal and affirmed by the High Court to the appellant in the first place and with liberty to recover the same from the owner of the offending tractor (respondent No.1) in accordance with law.
Judgment, page 7
From the headnote
Motor Vehicles Act, 1988 – s.166 – Compensation – Appellant was travelling in a tractor when the driver of the tractor driving in a rash and negligent manner dashed the tractor against a big mud stone, consequent to which appellant sustained grievous injuries – Claim petition u/s.166 – Tribunal held that claim of appellant was covered by the insurance policy and awarded compensation of Rs.9,02,324/- payable jointly by the owner of the vehicle and the respondent no.2-insurer – However, High Court held that appellant travelling in tractor was in breach of insurance policy and absolved the…
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