In Brief
A mother claimed compensation under the Motor Vehicles Act for the death of her son caused by a rash-driving incident. The Tribunal awarded Rs 1,88,600. The insurer appealed, arguing the Tribunal failed to draw adverse inference when the vehicle owner did not produce required documents (including the driver's licence), and that the policy was limited to non-gratuitous passengers. The Supreme Court held the award unsustainable: the Tribunal should have drawn adverse inference and allowed the insurer to recover from the owner. The Court remanded the case for reconsideration, enabling proper adjudication of contested issues and protection of the insurer's recovery rights. The claimant's Cross Objection for enhanced compensation was dismissed as unmaintainable.
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