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 t o the extent of directing the respondent No.2 (Oriental Insurance C ompany Ltd.) to pay the compensation amount determined by the tribunal and affirmed by the High Court to the appellant in the first p lace and with liberty to recover the same from the owner of the offending t ractor (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 a gainst a big mud stone, consequent to which appellant sustained griev ous injuries – Claim petition u/s.166 – Tribunal held t hat claim of appellant was covered by the insurance policy and a warded 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 ins urance policy and absolved the
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