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Supreme Court of India 2017-12-22 allowed

Jagtar Singh and Jagdev Singh vs Sanjeev Kumar and Others

Bench: 2 — UNKNOWN, UNKNOWN

In Brief

In this motor vehicle accident compensation appeal, the appellants challenged the High Court's dismissal of a Motor Accident Claims Tribunal's order, which had held the vehicle owner (but not the insurer) liable for compensation to a gratuitous car passenger. The Supreme Court held that where a vehicle is insured under a comprehensive/package policy (as opposed to a mere Act policy), the insurer must cover liability for occupants' death or injury. This obligation arises from binding Tariff Advisory Committee and IRDA directives. The Court set aside the High Court's judgment and remitted the matter to determine the policy type, as this determination is critical to establishing insurer liability.

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Motor Vehicles Act Insurance Compensation Third-party Liability Civil Procedure

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