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may 2007

Supreme Court of India · 2007-05-15

ORIENTAL INSURANCE CO. LTD. vs BRIJ MOHAN .

Citation / case number
SC 2004/10457
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO. LTD.
Respondent
BRIJ MOHAN .
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the Motor Accident Claims Tribunal's award of Rs. 1,96,100 to Brij Mohan for injuries sustained while traveling on a trolley attached to a tractor, despite the appellant Insurance Company's claims that the trolley was uninsured and that the respondent was a gratuitous passenger under Section 147 of the Motor Vehicles Act, 1988. The Court found that the issue of insurance coverage was not raised before the Tribunal and that the tractor was being used for agricultural purposes, thus affirming the Tribunal's decision. The appeal was dismissed, reinforcing the Tribunal's findings and the High Court's dismissal of the appeal.

ORIENTAL INSURANCE CO. LTD. vs BRIJ MOHAN . · Niyam