ORIENTAL INSURANCE COMPANY LTD. versus SURENDRA NATH LOOMBA AND OTHERS

ORIENTAL INSURANCE COMPANY LTD. versus SURENDRA NATH LOOMBA AND OTHERS

The insurer's liability to compensate the claimant depends on whether the policy issued was an 'Act Policy' or 'Comprehensive/Package Policy', which can only be discerned from the actual policy document and not the Certificate of Insurance alone. As the policy was not on record, the matter is remitted to the tribunal for the insurer to produce the policy and allow evidence on its nature.

Parties
Appellant/insurer: Oriental Insurance Company Ltd.; Claimant/respondent: Surendra Nath Loomba; Respondent/driver: Raj Loomba; Respondent/owner: Savita Matta
Jurisdiction
India
Judgment Date
20 November 2012
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals of insurer partly allowed; appeals of claimant dismissed
Legal Topics
Liability of Insurer, Nature of Insurance Policy, Compensation Quantum, Motor Vehicles Act S.166
Motor Accident Claims Liability of Insurer Nature of Insurance Policy Compensation Quantum Motor Vehicles Act S.166

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Parties

Oriental Insurance Company Ltd.

Appellant/insurer

Surendra Nath Loomba

Claimant/respondent

Raj Loomba

Respondent/driver

Savita Matta

Respondent/owner

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the insurer is liable to compensate an occupant of the car under the Motor Vehicles Act, 1988 depending on the nature of the insurance policy
  2. 2 Whether quantum of compensation awarded is just and proper

Ratio Decidendi

The insurer's liability to compensate the claimant depends on whether the policy issued was an 'Act Policy' or 'Comprehensive/Package Policy', which can only be discerned from the actual policy document and not the Certificate of Insurance alone. As the policy was not on record, the matter is remitted to the tribunal for the insurer to produce the policy and allow evidence on its nature.

Court Disposition

Appeals of insurer partly allowed; appeals of claimant dismissed

Orders

  • Matter remitted to tribunal to allow insurer to produce the insurance policy and parties to lead further evidence.
  • Quantum of compensation fixed by High Court at Rs.16,42,656/- requires no interference.