1998 Supreme(Raj) 245
Supreme Court
Honble M.M. PUNCHHI, CJI. Honble K.T. THOMAS & M. SRINIVASAN, JJ.
Amrit Lal Sood and Another - Appellant
Versus
Smt. Kaushalya Devi Thapar and Others - Respondents
Civil Appeal Nos. 2195-2196 of 1996
Decided On : March 17, 1998
Ranjit Kumar and Chandra Bhushan Prasad, Advocates, for Appellants R.K. Kapoor, Deepak Thapar, (S.K. Srivastava) Advocate for Anish Ahmad Khan, Advocates, for Respondent Nos.1-2 P.K. Seth and S.K. Gupta, Advocates, for Respondent No.6 S.C. Sharda, R. Nara
Headnote:Motor Vehicles Act, 1939, Sec. 94 & 95 – Liability of insurer towards gratuitous passenger – Comprehensive policy – Expression ``any person under Section 11(1)(a) of the policy – The expression ``any person include an occupant of the car who is gratuitously travelling in the car – Held – The insurer is liable to compensate and satisfy the Award passed in favour of gratuitous passenger. (Paras 8 & 14)
(2). That judgment was assailed in two Letters Patent Appeals, one by the legal representatives of the claimant and another by the driver of the vehicle who is the first appellant herein. A Division Bench of the High Court dismissed the appeal filed by the 1st appellant confirming the view of the single Judge that the insurer is not liable as the claimant was only a passenger in the vehicle. In the other appeal, the Bench enhanced the compensation to Rs. 56,600/-. The driver and the owner of the car have preferred these appeals on special leave.
(3). The question to be decided is whether the insurer, is liable to satisfy the claim for-compensation made by a person travelling gratuitously in the car. The factual findings are not in dispute before us but for the contention of the appellants that the amount of compensation awarded by the Division Bench is excessive. We have no difficulty in repelling that contention as we find the materials on record to be sufficient to support the award of enhanced compensation.
(4). The liability of the insurer in this case depends on the terms of the contract between the insured and the insurer as evident from the policy. Section 94 of the Motor Vehicles Act, 1939 compels the owner of a motor vehicle to insure the vehicle in compliance with the requirements of Chapter VIII of the Act. Section 95 of the Act provides that a policy of insurance must be one which insures the person against any liability which may be incurred by him in respect of death or bodily injury to any person or damage to any property of third party caused by or arising out of the use of the vehicle in a public place . The section does not however require a policy to cover the risk to passengers who are not carried for hire or reward. The statutory insurance does not cover injury suffered by occupants of the vehicle who are not carried for hire or reward and the insurer cannot be held liable under the Act. But that does not prevent an insurer from entering into a contract of insurance covering a risk wider than the minimum requirement of the statute whereby the risk to gratuitous passengers could also be covered. In such cases where the policy is not merely a statutory policy, the terms of the policy have to be considered to determine the liability of the insurer.
(5). In the present case, the policy is admittedly a Comprehensive policy. `Comprehensive insurance has been defined in Blacks Law Dictionary 5th edition as All risk insurance which in turn is defined as follows:-
``Type of insurance policy which ordinarily covers every loss that may happen, except by fraudulent acts of the insured. Miller vs. Boston Ins. Co. 218 A.2d 275, 278, 420 Pa.566. Type of policy which protects against all risks and perils e