KAMINIBEN & ORS. vs THE ORIENTAL INSURANCE COMPANY LIMITED & ORS.

Q: Key Points

Section 147 of the Motor Vehicles Act (!) This provision governs the requirements of insurance policies for motor vehicles, particularly the scope of coverage for liability arising from accidents involving gratuitous passengers in goods vehicles. The judgment analyzes whether the insurer must initially pay compensation to claimants and then recover from the owner when the deceased is such a passenger, as the vehicle was hired primarily for transporting a Ganesh idol, making travel incidental (!) (!) (!) (!) (!) (!) .

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(SC) 392

SUPREME COURT OF INDIA
PRASHANT KUMAR MISHRA, N.V. ANJARIA, JJ
KAMINIBEN & ORS. – Appellant
Versus
THE ORIENTAL INSURANCE COMPANY LIMITED & ORS. – Respondent

Advocates:
For the Appellants/Petitioners: Md. Tahir M. Hakim, Ejaz Maqbool, Mohsin M. Hakim, Zain Maqbool, Meeran Maqbool, Saif Zia
For the Respondents: Sakshi Mittal

Judgement Key Points

Section 147 of the Motor Vehicles Act (!)

This provision governs the requirements of insurance policies for motor vehicles, particularly the scope of coverage for liability arising from accidents involving gratuitous passengers in goods vehicles. The judgment analyzes whether the insurer must initially pay compensation to claimants and then recover from the owner when the deceased is such a passenger, as the vehicle was hired primarily for transporting a Ganesh idol, making travel incidental (!) (!) (!) (!) (!) (!) .

ORDER

1. Leave granted.

2. The short question arising for decision making in this appeal is whether in the facts and circumstances of the case the High Court was justified in reversing the finding of the Motor Accident Claims Tribunal (for short ‘the Tribunal’), which had directed the Insurance Company to first pay the amount of compensation to the claimants and thereafter, recover the same from the owner of the vehicle.

3. As per the claim petition, the deceased was travelling in the tempo which was taken on rent on the occasion of Ganesh Immersion festival and was heading to immerse the idol into the Narmada River.

4. Indisputably, the tempo was a goods vehicle and was insured with the respondent Insurance Company on the date of accident. The Tribunal vide its award dated 11.01.2010 held that the claimants would be entitled for compensation of ₹13,23,000/- (Rupees Thirteen Lakhs Twenty Three Thousand), which shall be deposited by the Insurance Company, and the same shall be recovered from the owner of the vehicle.

5. The Insurance Company preferred an appeal against the said part of the award wherein the Tribunal had directed to first pay and, thereafter, recover the same from the own

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2026 Supreme(Online)(SC) 392

SUPREME COURT OF INDIAPRASHANT KUMAR MISHRA, N.V. ANJARIA, JJKAMINIBEN & ORS. – AppellantVersusTHE ORIENTAL INSURANCE COMPANY LIMITED & ORS. – Respondent

Cases Referred (3)

SUPREME COURT OF INDIA
PRASHANT KUMAR MISHRA, N.V. ANJARIA, JJ
KAMINIBEN & ORS. – Appellant
Versus
THE ORIENTAL INSURANCE COMPANY LIMITED & ORS. – Respondent