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november 2007

Supreme Court of India · 2007-11-14

UNITED INDIA INSURANCE CO. LTD. vs SERJERAO .

Citation / case number
SC 2004/19693
Court
Supreme Court of India
Petitioner
UNITED INDIA INSURANCE CO. LTD.
Respondent
SERJERAO .
Author
P. SATHASIVAM ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

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 trolleys attached to tractors, as established in Smt. Yallwwa & Ors. Vs. National Insurance Co. Ltd. The Court affirmed that the statutory liability of the owner does not impose an obligation on the insurer to indemnify for such passengers. The appeals by the Insurance Company were allowed, overturning the High Court's dismissal of the writ petitions.

UNITED INDIA INSURANCE CO. LTD. vs SERJERAO . · Niyam