VidhiSangh

Supreme Court of India · 08/06/2020

U.P. STATE ROAD TRANSPORT CORPORATION versus RAJENDRI DEVI & ORS.

[2020] 4 S.C.R. 199 · 2020 INSC 417

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Summary

Compensation for a death caused by a privately owned bus hired by UPSRTC was directed to be paid by the insurer. Kailash Nath Kothari did not justify fastening the whole award solely on the Corporation: that case involved the earlier statutory definition and an insurer that had already paid its limited liability. Kulsum governed the insured hired-bus situation. The contractual allocation between bus owner and Corporation did not bind the victim.

Issues

  1. Whether hiring and operational control of the insured bus relieved the insurer of compensation liability.
  2. Whether the agreement between owner and Corporation determined the victim’s rights.

Provisions considered

Held

Result

Appeal allowed; insurer directed to pay the MACT award with interest at the stated rate within three months.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 199.