UNITED INDIA INSURANCE CO. LTD. versus SERJERAO AND ORS.

UNITED INDIA INSURANCE CO. LTD. versus SERJERAO AND ORS.

Issues regarding maintainability of appeal under Section 173 and liability of the insurance company for persons travelling in a trolley attached to a tractor are covered by decisions of the Supreme Court which hold that such appeals are maintainable and the insurance company has no liability; matters are remitted to the High Court to decide in accordance with these judgments.

Parties
Appellant: United India Insurance Co. Ltd.; Respondents: Serjerao and Ors.
Jurisdiction
India
Judgment Date
14 November 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Writ Petitions; Remand to High Court
Outcome
Appeals disposed of; matters remitted to High Court; no order as to costs.
Legal Topics
Appeal Maintainability Under Motor Vehicles Act, Liability of Insurance Company for Persons Travelling in Trolley Attached to Tractor, No Fault Liability Under Motor Vehicles Act
Motor Vehicles Law Insurance Law Appeal Maintainability Under Motor Vehicles Act Liability of Insurance Company for Persons Travelling in Trolley Attached to Tractor No Fault Liability Under Motor Vehicles Act

Case Brief

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Parties

United India Insurance Co. Ltd.

Appellant

Serjerao and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Writ Petitions; Remand to High Court

Legal Issues

  1. 1 Whether appeal under Section 173 of the Motor Vehicles Act is maintainable against an award concerning persons travelling in a trolley attached to a tractor
  2. 2 Whether the insurance company is liable to pay compensation for injuries to labourers travelling in the trolley attached to the tractor

Ratio Decidendi

Issues regarding maintainability of appeal under Section 173 and liability of the insurance company for persons travelling in a trolley attached to a tractor are covered by decisions of the Supreme Court which hold that such appeals are maintainable and the insurance company has no liability; matters are remitted to the High Court to decide in accordance with these judgments.

Court Disposition

Appeals disposed of; matters remitted to High Court; no order as to costs.

Orders

  • Impugned orders set aside.
  • Matters remitted to the High Court for consideration afresh in the light of the cited Supreme Court judgments.