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2009 Supreme(SC) 959

S.B.SINHA
Bhagyalakshmi – Appellant
Versus
United Insurance Co. Ltd. – Respondent


Advocates appeared:
For the Appellants:Paramjit Singh Patawalia, Sr. Advocate, Rajesh Mahale, Harish, Advocates.
For the Respondents:PR. Sikka, Advocate

Judgement Key Points

Key Points: - The policy in question is a package policy for a private car and may cover passengers, including gratuitous passengers, depending on terms; noted disagreement between High Court and claimants about coverage of passengers (!) (!) (!) . - The Supreme Court references that under a comprehensive policy, third-party liability may extend to gratuitous passengers, but this depends on contract terms and tariff regulations; discusses Amrit Lal Sood and related cases to interpret coverage for passengers (!) (!) (!) (!) . - The judgment notes that in a statutory/Act-only policy, gratuitous passengers may not be covered unless explicitly included; references to sub-section (2) of Section 95 and related decisions including Shanti Bai, Jugal Kishore, Asha Rani, etc. for limits of liability and coverage of third-party risk (!) (!) (!) (!) (!) . - The Court states that whether a package policy covers gratuitous passengers requires deeper scrutiny and may require a Larger Bench; directs reference to Chief Justice for appropriate orders (!) (!) .

What is the liability of an insurer for death or injury to a passenger in a private car under a package policy?

What is the effect of a comprehensive policy on third-party liability coverage for gratuitous passengers?

What are the implications of a package policy for coverage of passengers in private cars under the Motor Vehicles Act and tariff regulations?


Judgment :-

S.B. Sinha, J.

Leave granted.

1. Liability of an insurance company for death of a person travelling in a private car arises for consideration in this appeal.

2. Before, however, adverting to the said question, we may notice the fact of the matter.

M.N. Lingappa (hereinafter referred to as `the deceased) while travelling in a private car owned by one Shri K.N. Narayanajoshi, respondent No.7 herein met with an accident and succumbed to the resulting injuries. Appellants are his heirs and legal representatives.

They filed an application for grant of compensation of Rs.1,50,00,000/- (Rupees one crore fifty lakhs) before the Motor Accident Claims Tribunal, Tumkur (for short `the Tribunal) in terms of Section 166 of the Motor Vehicles Act, 1988 (for short `the Act).

3. The learned Tribunal by its order, awarded a compensation of Rs.98,64,428/-.

4. Respondent No. 1 preferred an appeal there against before the High Court of Karnataka at Bangalore. The claimants also filed cross-objections.

5. The core question that arose for consideration before the High Court was as to whether the insurance policy covered the risk of the passenger travelling in the car. The High Court by its
































































































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