VidhiSangh

Supreme Court of India · 05/09/2018

SHIVRAJ versus RAJENDRA & ANR.

[2018] 10 S.C.R. 649 · 2018 INSC 781

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Summary

The Supreme Court upheld the finding that insurance did not cover an injured passenger travelling on a tractor insured for agricultural use, with no insured or attached trailer established. Nevertheless, it directed the insurer to pay the claimant first and recover the amount from the tractor owner. The award of Rs 9,02,324 with 8% interest was left undisturbed, including the concurrent assessment of 60% whole-body disability.

Issues

  1. Whether the insurer was liable for a passenger travelling on the tractor in breach of the policy.
  2. Whether the insurer should first pay and recover from the owner, and whether compensation should be enhanced.

Held

Result

Appeals partly allowed: insurer directed to pay the existing award first, with liberty to recover from the tractor owner. Enhancement refused; no costs.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 649.