Shivawwa And Anr. vs The Branch Manager National India ...

The Supreme Court held that under Section 166 of the Motor Vehicles Act, 1988, the liability of the insurance company is contingent upon the deceased being a passenger in the vehicle at the time of the accident. The Court found that the High Court erred in concluding that the deceased was not traveling with his goods, thereby absolving the insurance company of liability. The Court restored the Tribunal's award of Rs. 3,20,000/- in compensation, emphasizing the need to consider the evidence in totality rather than selectively.