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Supreme Court of India · 2014-03-25

FAHIM AHMAD vs UNITED INDIA INSURANCE CO. LTD. .

Citation / case number
SC 2007/6763
Court
Supreme Court of India
Petitioner
FAHIM AHMAD
Respondent
UNITED INDIA INSURANCE CO. LTD. .
Author
N.V. RAMANA
Bench
P SATHASIVAM,RANJAN GOGOI,N.V. RAMANA

Judgment text excerpt

The Supreme Court held that the Insurance Company cannot deny liability for compensation under the Motor Vehicles Act, 1988, specifically Section 149(2)(a)(i)(a), unless it proves a breach of policy conditions. The Court found that merely carrying sand does not constitute commercial use, and the Insurance Company failed to provide evidence of such a breach. Consequently, the appeal was allowed, and the Insurance Company was held liable to pay the compensation awarded by the Tribunal.

FAHIM AHMAD vs UNITED INDIA INSURANCE CO. LTD. . · Niyam