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Checking relevance for National Insurance Co. LTD. VS Swaran Singh...
2004 1 Supreme 243 : According to the Motor Vehicles Act, 1988, a ''''third party'''' refers to a person who suffers bodily injury or death as a result of an accident involving a motor vehicle, or whose property is damaged in such an accident. This is established through the Act''''s provisions on compulsory insurance against third party risks, which are designed to provide compensation to victims of motor accidents. The Act grants rights to such individuals (the third party) to claim compensation directly from the insurer, even if the insured (the vehicle owner or driver) has breached policy conditions, provided the breach is not fundamental to the accident. The legislative intent behind this provision is to ensure social welfare and protection for victims of road accidents, making the third party a beneficiary of the statutory framework regardless of contractual terms between the insurer and the insured.Checking relevance for New India Assurance Company LTD. VS Rula...
2000 2 Supreme 158 : According to the Motor Vehicles Act, 1988, a third party is a person who suffers injuries or damage due to the use of a motor vehicle and is not a signatory or party to the contract of insurance, but is nevertheless protected by such a contract. The rights of the third party to get indemnified can be exercised only against the insurer of the vehicle. The third party is not concerned with the payment of premium and is protected based on the existence of a valid insurance policy on the date of the accident.Checking relevance for Oriental Insurance Comany LTD. VS Meena Variyal...
2007 3 Supreme 136 : According to the Motor Vehicles Act, 1988, a ''''third party'''' is defined in Section 145(g) as including the Government. The definition is inclusive, and the Act''''s Chapter XI, titled ''''Insurance of Motor Vehicles against third party risks,'''' confirms that the policy must cover liability to a third party caused by or arising out of the use of the vehicle in a public place. This includes death or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a public place. However, the policy does not cover liability in respect of death or bodily injury to an employee of the insured arising out of and in the course of employment, unless it is a liability arising under the Workmen’s Compensation Act, 1923 in respect of a driver, conductor, or employee carried in a goods vehicle.Checking relevance for NATIONAL INSURANCE CO. LTD. VS ASHALATA BHOWMIK...
2018 0 Supreme(SC) 858 : According to the Motor Vehicles Act, 1988, a ''''third party'''' refers to a person who is not the owner or driver of the vehicle involved in the accident and is not responsible for the accident due to their own fault or negligence. In the context of Section 166, the Act does not allow the owner-cum-driver of a vehicle to claim compensation from the insurance company if the accident occurred due to their own rash and negligent driving, as they cannot be considered a ''''third party'''' within the meaning of the Act. This principle was affirmed in the case of Oriental Insurance Co. Ltd. v. Jhuma Saha (Smt) and Ors. (2007) 9 SCC 263, where the Court held that the deceased, being the owner and driver of the vehicle and responsible for the accident due to his own negligence, could not be treated as a third party.Checking relevance for Oriental Insurance Co. LTD. VS Jhuma Saha...
2007 1 Supreme 609 : According to Section 147(1)(b) of the Motor Vehicles Act, 1988, a ''''third party'''' refers to any person (including the owner of goods or their authorised representative carried in the vehicle) who suffers death or bodily injury, or whose property suffers damage, caused by or arising out of the use of a motor vehicle in a public place, provided the liability arises against the insured person. The section specifically limits the insurer''''s liability to cover claims made by such third parties, excluding the insured person (e.g., the owner of the vehicle) unless additional premium is paid for such coverage. The explanation to the section clarifies that even if the injured person or damaged property was not in a public place at the time of the accident, the incident is still deemed to have arisen out of the use of the vehicle in a public place if the act or omission leading to the accident occurred in a public place.
