AI Overview...
- Act Only Policy - Main points and insights
- An 'Act only' policy covers liability as mandated by the Motor Vehicles Act, 1988, but does not extend to cover risks such as gratuitous passengers, pillion riders, or inmates of the insured vehicle New India Assurance Co. Ltd. VS Sanju - Madhya Pradesh, Reliance General Insurance Company Ltd. , Madurai VS Tamilarasan - Madras, D. M. , ORIENTAL INSURANCE CO. LTD. VS ARATI MISHRA - Orissa, THE ORIENTAL INSURANCE CO.LTD Vs T.K. PURUSHOTHAMAN - Kerala, THE DIVISIONAL MANAGER Vs PARMANAND NINGAPPA SARVAGOL - Karnataka, United India Insurance Co. , Ltd. VS Pepi Devi - Rajasthan, ORIENTAL INSURANCE CO.LTD Vs NASSAR - Kerala.
- Supreme Court decisions consistently establish that 'Act only' policies exclude liability for injuries or deaths to gratuitous or pillion passengers, and do not cover risks beyond statutory liability D. M. , ORIENTAL INSURANCE CO. LTD. VS ARATI MISHRA - Orissa, Reliance General Insurance Company Ltd. , Madurai VS Tamilarasan - Madras, THE ORIENTAL INSURANCE CO.LTD Vs T.K. PURUSHOTHAMAN - Kerala, ORIENTAL INSURANCE CO.LTD Vs NASSAR - Kerala.
- In cases involving liability to third parties or gratuitous passengers, the Court has held that the insurer's liability is limited to the statutory minimum, and does not extend to cover additional risks unless a comprehensive policy is in place New India Assurance Co. Ltd. VS Sanju - Madhya Pradesh, National Insurance Co. Ltd. VS Gouri - Kerala.
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The Supreme Court has emphasized that liability for compensation under an 'Act only' policy is confined to the extent specified in the policy, and the insurer is exonerated from liability for risks not covered by the policy National Insurance Co. Ltd. VS Gouri - Kerala, United India Insurance Co. , Ltd. VS Pepi Devi - Rajasthan.
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Analysis and Conclusion
- The predominant view of the Supreme Court is that an 'Act only' insurance policy is limited to statutory liability under the Motor Vehicles Act, 1988, and does not provide coverage for additional risks such as gratuitous passengers, pillion riders, or inmates of the insured vehicle New India Assurance Co. Ltd. VS Sanju - Madhya Pradesh, D. M. , ORIENTAL INSURANCE CO. LTD. VS ARATI MISHRA - Orissa, THE ORIENTAL INSURANCE CO.LTD Vs T.K. PURUSHOTHAMAN - Kerala.
- Courts have consistently held that liability beyond the statutory minimum requires a comprehensive policy; thus, in 'Act only' policies, the insurer's liability is restricted accordingly National Insurance Co. Ltd. VS Gouri - Kerala.
- Therefore, when an insurance policy is classified as 'Act only,' the insurer's liability is confined to the statutory obligations, and liability for other risks is excluded, aligning with Supreme Court rulings United India Insurance Co. , Ltd. VS Pepi Devi - Rajasthan, THE DIVISIONAL MANAGER Vs PARMANAND NINGAPPA SARVAGOL - Karnataka.
Search Results for "Only Supreme Court on Act only Policy or Liability only Policy"
2019 0 Supreme(MP) 536 • India - Madhya Pradesh
G.S.AHLUWALIA
Issues: The main issue was whether the insurance policy was an 'Act' policy or a comprehensive policy, determining the liability ... as the application of relevant Supreme Court judgments that established the insurance company's liability to pay compensation with ... Motor Vehicles Act, 1988 - Insurance Policy - Liability for Compensation Fact of the Case: The deceased was a gratuitous ... Chall....
2009 0 Supreme(MP) 349 • India - Madhya Pradesh
ABHAY M.NAIK
Insurance Policy - Motor Vehicle Accident - Motor Vehicles Act, 1988, Section 166 - Supreme Court decisions referenced - Policy ... The Insurance Company denied liability due to alleged fraudulent misrepresentation in obtaining the insurance policy. ... Issues: Liability of Insurance Company due to the timing of the insurance policy and the assessment of compensation. ... On 1-12-1989, the Insurance Company is rightly found liable ....
2020 0 Supreme(Mad) 1719 • India - Madras
G.JAYACHANDRAN
The court refers to various judgments by the Hon'ble Supreme Court and High Courts to establish that an act only policy does not ... only policy does not cover liability to gratuitous passengers. ... and deaths as the car was insured under an act only policy, which does not cover liability to gratuitous passengers. ... Regarding the liability of the Insurance Company, in an act o....
2009 0 Supreme(Ori) 440 • India - Orissa
S.C.PARIJA
Ratio Decidendi: The court relied on various Supreme Court decisions to establish that a 'Act only' policy does not cover ... It cites various Supreme Court decisions to establish that a 'Act only' policy does not cover the risk of gratuitous passengers and ... discusses the liability of an 'Act only' insurance policy in covering the risk of death or injury to gratuitous passeng....
2010 Supreme(Online)(KER) 28158 • India - High Court of Kerala
M.N.KRISHNAN, J
Ratio Decidendi: The court relied on a Supreme Court decision stating that an Act only policy does not cover pillion riders ... did not cover the risk of a pillion rider according to the Supreme Court ruling, thus exonerating the insurance company from liability ... Finding of the Court: The court concluded that the insurance company could not be directed to pay as the Act only policy....
2002 0 Supreme(Ker) 751 • India - Kerala
K.A.ABDUL GAFOOR, PIUS C.KURIAKOSE
as held by Supreme Court liability of insurance companies to payment of compensation to extent specified in policy of insurance in ... liability of an insurance company to amount specified in policy by virtue of provisions of S. 95(2) of old Act either for a period ... terms of S.95(2) of old Act which is in force before commencement of new Act or till date of expiry of such a policy whichever is ... So, as held by....
2021 0 Supreme(Raj) 445 • India - Rajasthan
VINIT KUMAR MATHUR
of 'act only policy' and 'comprehensive policy' and the liability of the insurance company to pay compensation for passengers traveling ... Ratio Decidendi: The court relied on the interpretation of the Motor Vehicles Act and judgments of the Hon'ble Supreme Court ... Finding of the Court: The court found that the insurance policy was an 'act only policy' and....
2001 0 Supreme(MP) 416 • India - Madhya Pradesh
S.P.SRIVASTAVA
policy and the Motor Vehicles Act, 1988, should be interpreted in light of previous Supreme Court decisions. ... Supreme Court decisions on the extent of liability of an insurance company towards the third party. ... The court also referred to previous Supreme Court decisions regarding the extent of liability of an insurance company towards the ... Kaushalya devi Thapar, 1998 ACJ 531 (SC), the hon....
2023 Supreme(Online)(KAR) 13006 • India - High Court of Karnataka
RAVI V.HOSMANI
The Tata Sumo was insured under an 'Act liability only' policy. ... policy was an 'Act liability only' policy and the claimants were inmates of the insured vehicle. ... MOTOR VEHICLE ACCIDENT - INSURANCE - ACT LIABILITY ONLY POLICY - INMATES OF INSURED VEHICLE - LIABILITY OF INSURER Fact ... G.N.Raichur, learned counsel submitted that appeal filed by insurer is only in respect of liabi....
2008 Supreme(Online)(KER) 47144 • India - High Court of Kerala
M.N.KRISHNAN, J
Insurance - Motor Vehicle Accident - Act Only Policy - Liability Exclusion - The court interpreted the provisions of the Motor ... Finding of the Court: The court found that the insurance policy in question was an 'Act only' policy, which does not ... cover the risk of a pillion rider, aligning with previous Supreme Court decisions. ... Learned counsel for the Insurance Company has made availabl....
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