KALIM KHAN & OTHERS versus FIMIDABEE & OTHERS

KALIM KHAN & OTHERS versus FIMIDABEE & OTHERS

Accident arose out of the use of the tractor, as the battery installed in the tractor was used to power explosives for digging the well; thus, causal connection between the accident and use of motor vehicle is established under Section 165. However, liability determination between insurer and owner depends on further assessment of insurance policy terms and evidence.

Parties
Appellant: Kalim Khan & Others; Respondent: Fimidabee & Others
Jurisdiction
India
Judgment Date
03 July 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals partly allowed
Legal Topics
Compensation, Liability of Insurer, Maintainability of Claim Petition, Use of Motor Vehicle, Breach of Insurance Policy
Motor Vehicle Accident Insurance Law Tort Law Compensation Liability of Insurer Maintainability of Claim Petition Use of Motor Vehicle Breach of Insurance Policy

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Parties

Kalim Khan & Others

Appellant

Fimidabee & Others

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the accident arose out of the use of a motor vehicle as per Section 165 of the Motor Vehicles Act, 1988
  2. 2 Whether there was a breach of insurance policy by using the tractor for commercial purpose
  3. 3 Who is liable for compensation: insurer or owner

Ratio Decidendi

Accident arose out of the use of the tractor, as the battery installed in the tractor was used to power explosives for digging the well; thus, causal connection between the accident and use of motor vehicle is established under Section 165. However, liability determination between insurer and owner depends on further assessment of insurance policy terms and evidence.

Court Disposition

Appeals partly allowed

Orders

  • High Court judgment set aside
  • Appeals remanded to High Court for determination of liability between insurer and owner