AMRIT LAL SOOD AND ANR. versus SMT. KAUSHALAYA DEVI THAPAR AND ORS.

AMRIT LAL SOOD AND ANR. versus SMT. KAUSHALAYA DEVI THAPAR AND ORS.

Under a comprehensive vehicle insurance policy with an indemnification clause covering 'bodily injury to any person,' the insurer is liable to indemnify the insured for compensation claimed by a gratuitous passenger injured in an accident; the statutory exclusion does not bar contractual coverage unless the policy...

Source-derived case information.

Parties
Appellant: Amrit Lal Sood; Respondent: Smt. Kaushalaya Devi Thapar; Appellant: Chandra Bhushan Prasad; Respondent: Anis Ahmad Khan; Respondent: P.K. Seth; Respondent: S.K. Gupta; Respondent: S.C. Sharda; Respondent: R. Narayanan; Respondent: K.C. Dua
Jurisdiction
India
Judgment Date
17 March 1998
Procedural Posture
Civil Appeal / Appeal From Letters Patent Appeals, Himachal Pradesh High Court
Outcome
Appeal partly allowed
Legal Topics
Vehicle Insurance, Comprehensive Policy, Indemnification Clause, Liability of Insurer for Gratuitous Passenger, Compensation for Road Accident
Motor Vehicles Law Insurance Law Tort Law Vehicle Insurance Comprehensive Policy Indemnification Clause Liability of Insurer for Gratuitous Passenger Compensation for Road Accident

Source-derived case record

Summary, issues, holding and outcome

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Parties

Amrit Lal Sood

Appellant

Smt. Kaushalaya Devi Thapar

Respondent

Chandra Bhushan Prasad

Appellant

Anis Ahmad Khan

Respondent

P.K. Seth

Respondent

S.K. Gupta

Respondent

S.C. Sharda

Respondent

R. Narayanan

Respondent

K.C. Dua

Respondent

Procedural Posture

Civil Appeal / Appeal From Letters Patent Appeals, Himachal Pradesh High Court

Legal Issues

  1. 1 Is an insurer liable to pay compensation for injury to a gratuitous passenger under a comprehensive motor vehicle insurance policy?
  2. 2 Does the insurance policy cover risks wider than statutory minimum including gratuitous passengers?

Ratio Decidendi

Under a comprehensive vehicle insurance policy with an indemnification clause covering 'bodily injury to any person,' the insurer is liable to indemnify the insured for compensation claimed by a gratuitous passenger injured in an accident; the statutory exclusion does not bar contractual coverage unless the policy itself restricts it.

Court Disposition

Appeal partly allowed

Orders

  • Judgment of High Court exonerating insurer set aside
  • Division Bench award enforceable against insurer (5th respondent)