Supreme Court · 2018 INSC 573 · Decided 3 July 2018
Kalim Khan & Others v. Fimidabee & Others
- Court
- Supreme Court of India
- Citation
- 2018 INSC 573 · [2018] 6 S.C.R. 561
- Case number
- CIVIL APPEAL No. 8785/2015
- Decided
- 3 July 2018
- Bench
- DIPAK MISRA, D.Y. CHANDRACHUD, A.M. KHANWILKAR (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 165, 166
Headnote
Motor Vehicles Act, 1988 - ss. 165 and 166 - Claim petition - Maintainability of - Compensation - Liability of insurer - Blasting operation carried out in the field of the owner, for digging of the well using battery of the tractor - Stone fell on deceased that the accident was a vehicular accident and vehicle being used for commercial purpose, there was breach of insurance policy by the owner, awarded compensation fastening the liability on the owner - High Court held that the claim petition was not maintainable since battery being detached
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