Supreme Court of India · 2004-08-25
NATIONAL INSURANCE CO. LTD. vs V. CHINNAMMA .
- Citation / case number
- SC 2003/2675
- Court
- Supreme Court of India
- Petitioner
- NATIONAL INSURANCE CO. LTD.
- Respondent
- V. CHINNAMMA .
- Author
- N. SANTOSH HEGDE,S.B. SINHA,A.K. MATHUR
- Bench
- N. SANTOSH HEGDE,S.B. SINHA,A.K. MATHUR
Judgment text excerpt
The Supreme Court held that under Section 147(1) of the Motor Vehicles Act, 1988, the insurance company is liable to compensate the heirs of the deceased who was traveling in a tractor carrying his own goods, despite the insurance policy being a third-party policy. The Court distinguished the case from New India Assurance Co. Ltd. Vs. Asha Rani, emphasizing that the deceased was not merely a passenger but the owner of the goods, thus entitled to compensation. The appeal by the insurance company was dismissed, affirming the High Court's decision to award Rs. 1,53,000/- as compensation.