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Documents citing Oriental Insurance Co. Ltd vs Brij Mohan & Ors on 15 May, 2007

Mehjabin & Ors vs The New India Assurance Compan on 12 January, 2016

"8. So far as the question of liability regarding labourers traveling in trollies is concerned, the matter was considered by this Court in Oriental Insurance Company Ltd. V. Brij Mohan and others (2007(7) SCALE 753) and it was held that the Insurance Company has no liability. In view of the aforesaid two decisions of this Court, we set aside the impugned order in each case and remit the matters to the High Court to consider the matters afresh in the light of what has been stated by this Court in Smt. Yallwwa‟s case (supra) and Brij Mohan‟s case (supra)."
Patna High Court Cites 49 - Cited by 0 - S Pandey - Full Document

The Oriental Insurance Cmpany Ltd. vs Smt. Tulsa And Others 7 on 17 June, 2022

In Oriental Insurance Co. Ltd. v. Brij Mohan, 2007 ACJ 1909 (SC), the Supreme Court held that as the tractor-trolley was not insured in addition to the tractor and the tractor was not being used for agricultural purposes for which it was insured, the claim of the labourer travelling in the trolley on being injured in an accident was not maintainable against the insurance company and the owner of the vehicle was liable for the compensation.
Allahabad High Court Cites 34 - Cited by 0 - Full Document

(O&M;) New India Assurance Co. Ltd vs Ben Parsad And Another on 18 November, 2019

In view of the observations made by Hon'ble Supreme Court in Oriental Insurance Company Ltd. v. Brij Mohan and Ors., 2007(3) RCR(Civil) 271 : 2007(3) R.A.J. 286 : (2007(7) SCALE 753 and United Indian Insurance Company Limited Vs. Serjerao and others : 2008(1) RCR (Civil) 73, the observations in M/s The United India Insurance Company Limited, Chandigarh Vs. Shri Pritpal Singh IPS and others : 1996(2) SLJ 1496 relied upon by learned Counsel for respondents No.1 and 2 driver and owner and the observations in Bhimavva and others Vs. Shanker and others : 2005 ACJ 301 (Karnataka High Court); national Insurance Company Limited Vs. Stya Parkash and others : 2005 ACJ 1752 (Allahabad High Court) and United India Insurance Company Limited Vs. Surinder and others : 2004 (4) RCR (Civil) 211 (Punjab and Haryana High Court) referred to by the Tribunal in the impugned award are not applicable and are not of any help to respondents No.1 and 2 driver and owner.
Punjab-Haryana High Court Cites 23 - Cited by 0 - Full Document

The United India Insurance Co. Ltd vs Biltan Sao @ Biltan Pd. & Ors on 16 October, 2015

14. The inevitable conclusion, therefore, is that provisions of the Act do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods carriage and the insurer would have no liability therefor._ [See also Oriental Insurance Co. Ltd. v. Brij Mohan & Ors. 2007 (7) SCALE 753] CA @ SLP (C) Nos.7237-7239 of 2003"
Patna High Court Cites 45 - Cited by 2 - S Pandey - Full Document

The Senior Divisional Manager New India ... vs Smt Kamla Devi And Others on 7 October, 2017

Even in Oriental Insurance Company Limited Vs. Brij Mohan and others ( supra) the facts of that case cannot be applied as the liability has been fixed after holding that there was no breach of policy conditions. The driving licence question has also been answered by the Apex Court recently and, therefore, just because there was no endorsement it cannot be said that there was breach of policy conditions. The three questions on which the Insurance Company wants to avoid their liability is one that the vehicle did not have permit. Second the driver had the licence to drive only LMV vehicle but did not have the endorsement and thirdly that the tractor was used for non agricultural purposes. All these three issues are answered against the Insurance Company as herein below.
Allahabad High Court Cites 33 - Cited by 4 - K Thaker - Full Document
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