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Oriental Ins. Co. Ltd. vs. Swaroop Singh & Ors.

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Motor Vehicles Act, 1988–Sec. 149–Liabililty of Insurance Company–Claimant was sitting on tractor–Admitted fact that at the time of accident, there were two people boarding on the tractor–The Insurance Policy could cover the risk of only one occupant, that is the driver–Permitting the second occupant to board the tractor was clearly in breach of the policy conditions–Held, Insurance Company cannot be held liable to indemnify the claimant–But it should be directed to pay the amount of compensation to the claimant and recover the same from the owner of tractor–Directed accordingly.