ILC-2014-SC-MAC-Mar-3
Fahim Ahmad & Ors. Vs. United India Insurance Co. Ltd. & Ors.
Motor Vehicles Act,1988 - Section 149 (2)
Accident claim - Tractor and trolley with sand for tank bed in field - Not other than agriculture purpose - Hit the victim who died on the spot - claim granted against insurance company - High court held that company is not liable to pay and as such it can recover the amount from the owner - who has to pay compensation ? - Apex court held that as per record merely carrying sand in trolley for constructing a tank bed in the agriculture field does not amount to use of the tractor for commercial purpose and does not amount violation of terms and conditions of insurance policy and as such set aside the order of High court and allowed the appeal.
Topic(s)-MACT – Liability
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