Search Results Page
Search Results
1 - 9 of 9 (0.36 seconds)Shivawwa And Anr. vs The Branch Manager National India ... on 28 March, 2018
We find that the
judgment of the Hon'ble Supreme Court in Shivawwa ad Another
Vs. Branch Manager, National India Insurance Co. Ltd., runs
counter to pronouncement of the judgments in Shivaraj Vs.
Rajendra and Another reported in 2018 (2) TN MAC 273,
National Insurance Co. Ltd., Vs. Chinnamma and Others reported
in (2004) 8 SCC 697, New India Assurance Co. Ltd., Vs. Darshna
Devi and Others reported in 2008 ACJ 1318 and United India
Insurance Co. Ltd., Vs. K.K.Suresh & Another reported in 2009 (1)
LW 27.
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
14. Contending contra, Mr.K.Varadhakamaraj, learned
counsel for the respondents / claimants would rely upon the
judgment of the Hon'ble Supreme Court in Shivawwa and another
Vs. Branch Manager, National India Insurance Co. Ltd., and
another reported in 2018 (1) TN MAC 435 wherein, the Hon'ble
Supreme Court had held that a person travelling along with his
goods in the Tractor, though may not be strictly covered by the
policy, the Insurer could still be directed to pay and recover in
terms of the judgment of the National Insurance Company Ltd. Vs.
Swaran Singh and Others reported in 2004 (3) SCC 297.
Shivaraj vs Rajendra on 5 September, 2018
We find that the
judgment of the Hon'ble Supreme Court in Shivawwa ad Another
Vs. Branch Manager, National India Insurance Co. Ltd., runs
counter to pronouncement of the judgments in Shivaraj Vs.
Rajendra and Another reported in 2018 (2) TN MAC 273,
National Insurance Co. Ltd., Vs. Chinnamma and Others reported
in (2004) 8 SCC 697, New India Assurance Co. Ltd., Vs. Darshna
Devi and Others reported in 2008 ACJ 1318 and United India
Insurance Co. Ltd., Vs. K.K.Suresh & Another reported in 2009 (1)
LW 27.
New India Assurance Co. Ltd. vs Darshani Devi And Ors. on 15 November, 1983
We find that the
judgment of the Hon'ble Supreme Court in Shivawwa ad Another
Vs. Branch Manager, National India Insurance Co. Ltd., runs
counter to pronouncement of the judgments in Shivaraj Vs.
Rajendra and Another reported in 2018 (2) TN MAC 273,
National Insurance Co. Ltd., Vs. Chinnamma and Others reported
in (2004) 8 SCC 697, New India Assurance Co. Ltd., Vs. Darshna
Devi and Others reported in 2008 ACJ 1318 and United India
Insurance Co. Ltd., Vs. K.K.Suresh & Another reported in 2009 (1)
LW 27.
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
United India Insurance Co.Ltd vs Suresh K.K.& Anr on 4 April, 2008
We find that the
judgment of the Hon'ble Supreme Court in Shivawwa ad Another
Vs. Branch Manager, National India Insurance Co. Ltd., runs
counter to pronouncement of the judgments in Shivaraj Vs.
Rajendra and Another reported in 2018 (2) TN MAC 273,
National Insurance Co. Ltd., Vs. Chinnamma and Others reported
in (2004) 8 SCC 697, New India Assurance Co. Ltd., Vs. Darshna
Devi and Others reported in 2008 ACJ 1318 and United India
Insurance Co. Ltd., Vs. K.K.Suresh & Another reported in 2009 (1)
LW 27.
Gadhilingappa @ Gadhilinga S/O Ulluru ... vs K. Guleppa S/O K Lingappa on 20 April, 2021
“23. The Apex Court has reiterated that a tractor could lawfully
accommodate only one person, namely, the driver. The Apex Court
categorically held that the appellant in the said case had travelled
in the tractor as a passenger even though the tractor could
accommodate only one person namely the driver. It was
categorically held that the insurer was not liable to indemnify the
owner of the tractor for the liability of a passenger travelling on
the tractor. Hence, in view of the dictum of the Apex Court referred
above, the liability of a person sitting on the mud-guard of a
tractor is not required to be covered by statutory insurance policy,
as contemplated by sub-section (1) of Section 147 of the
M.V.Act.”
Hdfc Ergo General Insurance Co. Ltd vs Bhagya Rekha on 19 July, 2023
20.Coming to the present case on hand, the deceased
travelled in mudguard of the tractor, cannot be used for carrying
passengers as transport vehicle. Therefore, owner of the vehicle,
respondent No.6 herein is liable to pay compensation to the
respondents1 to 5/claimants. Following the dictum laid down in
the decided cases referred by the Insurance Company, the
Insurance Company cannot not be made liable in respect of
unauthorized passenger. Owner of the vehicle alone is liable to
pay compensation to the claimants.
1