Supreme Court of India · 2007-11-14
United India Insurance Company Limited vs Serjerao And Ors
- Citation / case number
- AIR 2008 SUPREME COURT 460
- Court
- Supreme Court of India
- Petitioner
- United India Insurance Company Limited
- Respondent
- Serjerao And Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court held that under Section 140 of the Motor Vehicles Act, 1988, the liability of the insurance company does not extend to persons traveling in trollies attached to tractors, as the statutory liability imposed on the owner does not automatically extend to the insurer. The Court affirmed the maintainability of appeals under Section 173 of the Act, referencing the precedent set in Smt. Yallwwa & Ors. Vs. National Insurance Co. Ltd. The appeals were allowed, overturning the High Court's dismissal of the writ petitions.