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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 — Madan Mohan Khanwilkar

In Brief

A man died after falling from a tractor-trailer while returning from unloading agricultural produce, due to rash driving by the vehicle's driver. The Motor Accident Tribunal awarded his family Rs 3,20,000 in compensation from the vehicle owner and insurer. The High Court reversed this, holding the insurer had no liability because the deceased was not "travelling with goods." The Supreme Court restored the Tribunal's award, holding that the Tribunal's finding that the deceased had travelled with his agricultural produce was reasonable and properly supported by evidence. The Court emphasised that motor insurance is social welfare legislation and insurers remain liable once a valid policy exists and negligence is established, unless they prove policy breach.

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