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Supreme Court of India 2018-07-03 partly_allowed

Kalim Khan & Others vs Fimidabee & Others

Bench: 3 — Dipak Misra

In Brief

An Assistant Teacher was fatally struck by a stone during blasting operations on agricultural land, using a tractor's battery for the explosion. The tribunal found it a motor vehicle accident and awarded compensation, but the High Court reversed, holding the stationary tractor was not 'in use'. The Supreme Court held that 'use of motor vehicle' extends beyond motion to include stationary vehicles if functionally part of an activity. The tractor's battery powered the blasting; the causal link was established. However, liability between insurer and owner turns on insurance policy terms, which the High Court never analyzed. The Court partly allowed the appeal, directing the insurer to deposit compensation pending the High Court's determination of liability based on the policy.

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Motor Vehicles Compensation Insurance Causation Statutory Interpretation Civil Procedure

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