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august 2004

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.

NATIONAL INSURANCE CO. LTD. vs V. CHINNAMMA . · Niyam