Supreme Court of India · 1988-05-06
GURU GOVEKAR vs MISS FILOMENA F. LOBO & ORS.
- Citation / case number
- SC 1988/70791
- Court
- Supreme Court of India
- Petitioner
- GURU GOVEKAR
- Respondent
- MISS FILOMENA F. LOBO & ORS.
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that under the Motor Vehicles Act, 1939, specifically Section 92A, an insurer is liable to pay compensation for injuries caused by a vehicle even when it is in the custody of a repairer, provided the vehicle was insured as required by law. The Court clarified that the insurer's liability arises when the vehicle is used in a public place, regardless of whether the insured or a third party is operating it. The Court modified the High Court's order, reinstating the insurer's full liability for the compensation awarded to the claimant, as neither the repairer nor the mechanic had their own insurance policy covering such liability.