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Head Note

Motor Vehicles Act,1988  - Section 147 , Section 149 , Constitution of India, 1950  - Article 142

Gratuitous passenger - Driver driving the tractor rashly and negligently - A labourer fell down and suffered grievous injuries on gall, bladder and thigh - Tribunal awarded a compensation Rs. 1.96 lakhs - Award upheld by High Court - Held - A gratuitous passenger covered by Section 147 of Motor Vehicle Act - However, the passenger is a poor labourer suffered grievous injuries and became disabled to some extent - Supreme Court in exercise of power under Article 142 of Constitution directed that award may be satisfied by Insurance Company - The Company would be entitled to realize the same from the owner of the tractor and the trolley wherefor it would not be necessary for it to initiate any separate proceedings for recovery of the amount as provided for under the Motor Vehicles Act.

Topic(s)-Rashly and Negligently  , Gratuitous passenger