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Indian Supreme Court on liability of insurers

Book Abstract by: ashok priyadarshi    

Original Author: ashok priyadarshi
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 Indian
Supreme Court on liability of insurers
ashok priyadarshi
1.      Comprehensive Insurance policy means loss sustained will be payable up to the insured amount irrespective of the loss amount., . Ramashray Singh Vs. New India Assurance Company 2003 AIR SCW 3601: 
 2.    Insurance Company not liable to pay compensation for death of passengers traveling in goods Vehicle. Oriental Insurance Company Vs. Devireddy Konda Reddy and others 2003 AIR SCW 513 :
3.      The employer becomes liable to the compensation as soon as the injury was caused and there is no suspension of employer’s liability pending settlement. Insurance Company Liable to pay the claim raised under the Workmen Compensation Act. Pratap Narain Singh Deo vs. Shrinivas Sabata (1976) 1 SCC 289
4.      Liability of the Insurance Company will start when the policy becomes operative i.e. on the date and time the premium is paid. National Insurance Co. Ltd. Jikubhai Nathuji Dabhi (1997) 1 SCC 66.
5.       Deceased travelling on the roof of the bus. Insurance Company not be liable to pay compensation beyond a statutory limit.  Krishna Kumar Agrawal Vs. Most. Komiya Devi .1999(1) P.L.J.R. 870
6.      Breach of policy the terms of the policy conditions by carrying humans in a goods vehicle more than the permitted number cannot be said to be such fundamental breach so as to afford ground to the insurer to indemnification unless there were some factors contributing to the cause of such accident. B.V.Nagaraju vs. Oriental Insurance Company (1996) 4 SCC 647.
7.         Liability of Insurer: Gratuitous passenger - cannot be excluded after the 1994 amendment of the Motor Vehicles Act, 1988 New India Assurance Co. Vs. Asha Rani 2002 AIR SCW 5259

8 .  Goods Vehicle cannot be considered to be a passenger vehicle used for carrying passenger for hire or reward, on death of owners of goods Insurance Company is not liable for payment of compensation. Smt. Mallawwa vs. Oriental Insurance Company AIR 1999 S.C. 589

9.   Liability of the Insurance Company cannot be taken away even though the vehicle was not driven by a proper licensed persons as the liability will be of the owner and the owner is insured by the Insurance Company thus both liable. SOHAN LAL PASSI VS. P. SESH REDDY (1996) 5 SCC 21: 
 
10.  After entering into contract no material alteration can be made by the Insurance Company in the terms of the contract without consent of the insured. UNITED INDIA INSURANCE COMPANY VS. M.K.J. CORPORATION (1996) 6 SCC 428.
11.  Insurer’s liability would depend upon the terms of the policy. United India Insurance Company VS. M.K.J. Corporation (1996) 6 SCC 428.
12.  A person dying or getting injured while alighting from a public service vehicle carrying passengers for hire or reward or pursuant to a contract of employment cannot be treated as a third party rather he must be considered as a passenger and the liability must be covered under section 147 of the Motor Vehicles Act. Noorjahan (TMT) VS. Sultan Rajia Alias Thaju And Others (1997) 1 SCC 6.
13.  Liability of the Insurance Company will start when the policy becomes operative i.e. on the date and time the premium is paid. , NEW INDIA ASSURANCE CO. LTD. Vs. SMT. SITA BAI & ORS. (1999)-7 SCC--575 -
 
14.  Liability of the Insurance Company will start, if time is not given it becomes operative from mid night New India Assurance Company Ltd. vs.Ram Dayal (1990) 2 SCC 680.
15.  The employer becomes liable to the compensation as soon as the injury was caused and there is no suspension of employer’s liability pending settlement. Insurance Company  Pratap Narain Singh Deo vs. Shrinivas Sabata (1976) 1 SCC 289.
16.  Compensation for motor accident resulting to total disability see  Nagappa Vs. Gurudayal Singh 2002 AIR SCW 5348
17.  Even though there is no insurance for damage of third party property Insurance Company will still be liable to pay the statutory amount of Rs. 6000 only as provided under section 147 (2) of the Motor Vehicles Act. The Manager Oriental Insurance Company Ltd. vs.Mostt. Chameli Devi 1997 (1) PLJR 1010.
18.  There is no material on record to show before the tribunal that the vehicle was being driven by a regular licensed holder, tribunal rightly refused the liability of the Insurance Company Lala Satya Narain Prasad vs. Shri Laldeo Singh 1997 (1) PLJR 911.
19.  The insured cannot claim anything more than what is covered under the insurance policy, insurance policy covers only those goods which were permissible to be carried under the Motor Vehicle Act, 1988 by the goods carriage. . Oriental Insurance Company Ltd. Vs. Sony Cheriyan  (1999) 6 SCC 451.
20.  If the driver of the insured vehicle is murdered while on duty the insurance company is liable to pay towards compensation under the Workmen Compensation Act but the penalty has to be paid by the owner. National Insurance Co.Ltd. VS Presiding Officer Labour Court 2000 (2) PLJR 806:
21.  Requisition of property amounts to temporary deprivation of property from possession, user of vehicle is changed from the real owner. The government on the basis of the requisition becomes owner of the vehicle and the Insurance Company cannot be held liable for payment of damages and loss caused during requisition. Ram Narayan Singh Vs. The Election Commission and others 1996 (1) PLJR 621.
Published: July 19, 2007
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