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.