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december 2017

Supreme Court of India · 2017-12-15

Halappa vs Malik Sab

Citation / case number
AIRONLINE 2018 SC 514
Court
Supreme Court of India
Petitioner
Halappa
Respondent
Malik Sab
Author
D Y Chandrachud
Bench
D Y Chandrachud, A.M. Khanwilkar, Dipak Misra

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the Motor Accident Claims Tribunal's award of Rs.8,66,000/- to the appellant, who sustained grievous injuries due to a tractor accident. The Court emphasized that the insurer's defense, claiming the appellant was not covered under the insurance policy while riding on the mudguard, was unfounded as the Tribunal had established liability. The Court restored the Tribunal's award, affirming the principles of compensation under the Motor Vehicles Act, 1988, and ensuring the appellant's right to adequate compensation for his permanent disability.

Halappa vs Malik Sab · Niyam