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Vicky vs Indra Devi And Others on 9 January, 2025 cites

National Insurance Co. Ltd vs V. Chinnamma & Ors on 25 August, 2004

'Deceased was sitting on mudguard of tractor. Deceased fell down and died. The tractor was insured for the driver and not for any other person/passenger, as the premium paid was for the driver only. The seating capacity of a tactor is for one person, i.e. driver. The insurance company should not be made liable for an occurrence, which takes place on a vehicle not meant nt for passengers' Further, I draw my support from case titled National Insurance Co. Ltd. Vs. V. Chinnamma & Ors. 2005(1) LJR 145/146 SC, wherein, the Hon'ble ble Apex Court has observed as under:
Supreme Court of India Cites 15 - Cited by 185 - S B Sinha - Full Document

The Oriental Insurance Company Limited vs Ishwanti And Others on 22 May, 2012

It is, therefore, plain logic that when the seating capacity of a tractor is for one person, i.e. driver, the other person sitting on it, is not covered under the insurance policy. There is breach of terms 10 of 13 ::: Downloaded on - 14-01-2025 00:22:17 ::: Neutral Citation No:=2025:PHHC:001861 Page 11 of 13 and conditions of the policy and the insurance company should not be made liable for an occur occurrence, which takes place on a vehicle not meant for passengers. Since there is breach in n the terms and conditions of the policy, the insurance company should be absolved of its liability. Reliance has been drawn in this regard in case titled The Oriental Insurance nsurance Co. Ltd. Vs. Ishwanti & Ors. 2013(1) RCR (Civil) 110/111 P&H,, wherein our Hon'ble High Court of Punjab & Haryana has held as under:
Punjab-Haryana High Court Cites 1 - Cited by 2 - J Chauhan - Full Document
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