Supreme Court of India · 2014-03-25
Fahim Ahmad & Ors vs United India Insurance Co. Ltd. & Ors
- Citation / case number
- AIR 2014 SUPREME COURT 2187
- Court
- Supreme Court of India
- Petitioner
- Fahim Ahmad & Ors
- Respondent
- United India Insurance Co. Ltd. & Ors
- Author
- N.V. Ramana
- Bench
- N.V. Ramana, Ranjan Gogoi, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the liability for compensation awarded by the Motor Accident Claims Tribunal under Section 173 of the Motor Vehicles Act, 1988, lies with the insurance company, as there was no evidence of breach of policy conditions. The Court clarified that the mere fact that the tractor was carrying sand does not imply it was used for commercial purposes, thus not breaching Section 149(2)(a)(i)(a) of the Act. The appeal against the High Court's decision was dismissed, affirming the Tribunal's award of compensation.