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Supreme Court of India 2018-03-28 allowed

Shivawwa and Anr vs Branch Manager, National India Insurance Co. Ltd. and Anr

Bench: 2 — K. M. Khanwilkar

In Brief

A deceased farmer's family sought compensation for his death after he fell from a tractor-trailer due to rash and negligent driving. The Motor Accident Claims Tribunal awarded Rs. 3,20,000 and found the insurance company liable. The High Court reversed this, holding the insurance company not liable because the deceased was not travelling with goods. The Supreme Court restored the Tribunal's award, finding that the deceased had indeed travelled with his agricultural produce to Holealur for unloading. The Court held that the Tribunal's careful analysis of eyewitness evidence, police documents, and the valid insurance policy was a reasonable conclusion that could not be casually reversed by the High Court. The insurance company remained liable under the compulsory insurance provisions of the Motor Vehicles Act.

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Motor Vehicles Act Compensation Insurance Liability Negligence Motor Accident Claims Tribunal

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