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Supreme Court of India 2018-09-05 partly_allowed

Shivaraj vs Rajendra & Anr

Bench: 2 — A.M. Khanwilkar

In Brief

A coolie was injured in a tractor accident caused by rash and negligent driving. He claimed Rs. 15 lakh compensation. The tribunal awarded Rs. 9,02,324 for 60% permanent disability. The High Court absolved the insurance company of liability, finding the claimant travelled in breach of policy (the tractor was insured for agriculture only). The Supreme Court partly allowed the appeal: the insurance company must pay the awarded compensation in the first instance, with liberty to recover the amount from the tractor owner, overruling the High Court's complete absolution of the insurer while affirming the compensation quantum.

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Motor Vehicles Act Motor Insurance Personal Injury Compensation Insurance Law Negligence

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