Search Results Page

Search Results

1 - 10 of 11 (0.23 seconds)
The Branch Manager vs Chitra on 25 February, 2011 cites

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

13.In Oriental Insurance Co. Ltd., vs. Brij Mohan & others, reported in IV (2007) ACC 254(SC), it was held that the Offending tractor insured for agricultural purpose, however trolley attached to tractor not insured. The Labourer engaged for digging earth to be carried on the tractor-trolley attached to the tractor. The trailer attached with the tractor was not insured. Since the earth carried on the trolley was for the purpose of manufacturing of brick-kiln, it was found that the tractor and the trolley were not used for agricultural purpose. In this circumstance, the Apex Court has held that the Insurance Company is not liable to pay the compensation. However, considering the nature of injury and the poverty of the injured, exercising its extraordinary jurisdiction under Article 142 of the Constitution of India, the Apex Court has directed the Insurance Company to satisfy the award and realize the same from the owner of the tractor and the trolley.
Supreme Court of India Cites 18 - Cited by 319 - Full Document

National Insurance Company Ltd. vs Durga Prasad And 4 Ors. on 14 March, 2008

14.In National Insurance Co. Ltd., vs. Durga Prasad & others, reported in AIR 2008(NOC)1437(M.P): 2008(4) ABR (NOC) 694 (M.P), also the liability of the insurer was questioned. The deceased was travelling sitting on bonnet of tractor from where he had fallen down and died. The tractor was insured covering the risk of driver, owner and third party. Passenger or labourer travelling in such vehicle could not be treated as third party for the purpose of insurance unless their risk is covered under policy by receiving additional premium in this regard. According to such policy, neither additional premium for any passenger or labourer was paid nor the same was received by insurer. In this circumstance, it was held that the liability of the passenger cannot be saddled with the insurer.
Madhya Pradesh High Court Cites 9 - Cited by 3 - U C Maheshwari - Full Document

United India Ins. Co. Ltd vs Anguri Devi Wd/O Krishan Lal S/O Madho ... on 21 July, 2010

16.In an another decision in United India Insurance Co. Ltd., vs. Smt.Anguri Devi and others, reported in 2010(1) T.A.C 136(M.P), the deceased was travelling in a tractor which turned turtle. The tractor was insured for agricultural purpose. It is also the case of the claimants that the deceased was died due to rashness and negligent driving of the tractor driver, but the Tribunal has awarded a sum of Rs.3,60,000/- after fixing the liability on the driver, owner and insurer. It was held that admittedly the tractor was insured for agricultural purpose and not for carrying passenger. Under this circumstance, it was held that the insurer is not liable to pay compensation for the person who suffers injuries while travelling as passenger in the tractor.
Punjab-Haryana High Court Cites 1 - Cited by 2 - K Kannan - Full Document
1   2 Next