Motor Accident Claim -- Tractor Insured as 1+1 Seating Capacity -- Insurer cannot deny liability for death of passenger
(i) Motor Vehicles Act, 1988, S.147 -- Motor Accident Claim -- Tractor Insured as 1+1 Seating Capacity -- Insurer that records seating capacity as 1+1 in the policy and takes premium on that basis cannot later deny liability for death of a passenger -- It cannot rely on registration certificate showing seating capacity of one, or call the entry an error, to limit cover to the driver. (ii) Motor Vehicles Act, 1988, S.147 -- Motor Accident Claim -- Breach of Policy by Insured Tractor -- Proposal form that is not shown to be filled by the owner is an internal document of the insurer and cannot be relied on -- Carrying a person for buying and selling wheat straw is agricultural use and not commercial use of the tractor.
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