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DIPAK MISRA, SANJAY KISHAN KAUL
Jagtar Singh @ Jagdev Singh – Appellant
Versus
Sanjeev Kumar – Respondent
What is the distinction between an "Act Policy" and a "Comprehensive/Package Policy"? (!) What is the insurer's liability for occupants in a car under a "comprehensive/package policy"? (!)
Key Points: - The High Court dislodged the tribunal's finding, held the owner liable, enhanced compensation, and absolved the insurer as the appellant was a gratuitous passenger (!) . - The controversy is covered by National Insurance Co. Ltd. vs. Balakrishnan (2013) 1 SCC 731 (!) . - IRDA and Tariff Advisory Committee instructions mandate coverage for occupants under "comprehensive/package policy" via circulars from 1978 and 1986, incorporated in Indian Motor Tariff from 2002 (!) . - Comprehensive/package policy covers occupants in private cars and pillion riders on two-wheelers without needing further inquiry (!) . - "Comprehensive/package policy" covers insurer's liability for car occupants, unlike "Act Policy" which does not (!) . - High Court judgment set aside; matter remitted to determine if policy is "comprehensive/package" or "Act policy" (!) . - Insured may raise other contentions before High Court (!) . - Appeals allowed to indicated extent; no order as to costs (!) .
ORDER :
Civil Appeal No.7546 of 2013
In this appeal, by special leave, the appellant calls in question the legal propriety of the order dated 18th August, 2010, passed by the High Court of Punjab & Haryana at Chandigarh in F.A.O. No.1648 of 2008, whereunder the High Court has dislodged the finding of the tribunal and made the owner liable after enhancing the amount of compensation. The insurer has been absolved on the ground that the appellant was a gratuituous passenger in the car.
2. It is submitted by Mr. Yadunandan Bansal, learned counsel appearing for the appellant that the controversy is covered by the two-Judge Bench decision in National Insurance Company Limited vs. Balakrishnan and Another (2013) 1 SCC 731, wherein the Court has held thus:-
“It is extremely important to note here that till 31st December, 2006 the Tariff Advisory Committee and, thereafter, from 1st January, 2007, IRDA functioned as the statutory regulatory authorities and they are entitled to fix the tariff as well as the terms and conditions of the policies by all insurance companies. The High Court had issued notice to the Tariff Advisory Committee and the IRDA to explain the factual position as regards the l
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