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2007 Supreme(SC) 138

C.K.THAKKER, P.K.BALASUBRAMANYAN
Oriental Insurance Comany LTD. – Appellant
Versus
Meena Variyal – Respondent


Judgement Key Points

The legal ground in this case revolves around the interpretation of the scope of insurance coverage under the Motor Vehicles Act, specifically whether an occupant of a vehicle, who is not a third party within the meaning of the Act, can be considered covered under the insurance policy. The Supreme Court's approach emphasizes that the primary purpose of the insurance policy, as mandated by the Act, is to cover third-party risks, which include liabilities arising from injuries or damages caused to third parties by the use of the vehicle in a public place.

The Court clarified that the definition of "third party" is inclusive but primarily pertains to persons other than the insured, the owner, or an employee in the context of employment-related liabilities, unless there is a specific contractual agreement extending coverage. It was held that persons who are employees of the insured and are involved in the use of the vehicle do not automatically fall under the category of third parties unless their injury or liability arises in a manner that the policy is designed to cover, such as liabilities arising under the Workmen’s Compensation Act.

In dealing with the issue of an occupant who is also an employee or the driver, the Court underscored that unless the policy explicitly covers such individuals or their liabilities are covered under statutory provisions like the Workmen’s Compensation Act, the insurance company cannot be automatically held liable for their injuries or death. The Court reiterated that the coverage is intended for third-party risks and not for liabilities arising from the employment relationship unless specifically included through a special contract.

Therefore, the Court’s stance is that an occupant who is not a third party, and whose injury or death does not fall within the scope of third-party liability or statutory employment-related coverage, cannot be deemed covered under the insurance policy. This interpretation limits the insurer’s liability to the scope of the policy and the statutory provisions, excluding coverage for injuries to employees or occupants who are not third parties or covered under a specific contractual agreement.


JUDGMENT

P.K. Balasubramanyan, J.—One Suresh Chandra Variyal was employed as a Regional Manager in M/s Apace Savings and Mutual Benefits (India) Ltd., the owner of a motor vehicle, respondent No.3 herein. Variyal was provided with a car by the employer. The vehicle was insured with the appellant company in terms of the Motor Vehicles Act, 1988. There was no special contract. On 14.6.1999, the vehicle met with an accident. Suresh Chandra Variyal, died. The widow and daughter of Suresh Chandra Variyal, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribunal, Nainital. Therein, they claimed compensation to the tune of Rs.15 lakhs. According to the claim, the deceased was driving along with his ‘companion’ Mahmood Hasan after completing his work for the employer. At about 11.30 p.m. the car collided with a tree due to the rash and negligent driving of the driver. The car was being driven by Mahmood Hasan at the time of the accident. The deceased was an occupant of the car. The car was being used for the business and for the benefit of the employer of the deceased at the time of the accident. The deceased was earning Rs. 9,000









































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