MOTOR OWNERS INSURANCE CO. LTD. versus JADAVJI KESHAVJI MODI & ORS.

MOTOR OWNERS INSURANCE CO. LTD. versus JADAVJI KESHAVJI MODI & ORS.

Under the statutory policy and Motor Vehicles Act, 1939 (Section 95(2)(a)), the insurer is liable to pay up to Rs. 20,000 to each injured claimant, not limited to an overall Rs. 20,000 for the accident as a whole. The High Court correctly awarded compensation below this per-person limit to each claimant.

Parties
Appellant: Motor Owners Insurance Co. Ltd.; Respondents: Jadavji Keshavji Modi & Ors.
Jurisdiction
India
Judgment Date
29 September 1981
Procedural Posture
Civil Appeal / Final Appellate Decision (supreme Court)
Outcome
appeals dismissed
Legal Topics
Motor Vehicles Act, 1939 Section 95(2), Limits of Insurance Liability, Compensation for Motor Accidents, Interpretation of 'any One Accident'
Insurance Law Motor Vehicles Law Tort Law Motor Vehicles Act, 1939 Section 95(2) Limits of Insurance Liability Compensation for Motor Accidents Interpretation of 'any One Accident'

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Parties

Motor Owners Insurance Co. Ltd.

Appellant

Jadavji Keshavji Modi & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Appellate Decision (supreme Court)

Legal Issues

  1. 1 Interpretation of 'in all' and 'any one accident' in Section 95(2)(a) of Motor Vehicles Act, 1939
  2. 2 Extent and apportionment of insurance liability for third party risk under statutory policy

Ratio Decidendi

Under the statutory policy and Motor Vehicles Act, 1939 (Section 95(2)(a)), the insurer is liable to pay up to Rs. 20,000 to each injured claimant, not limited to an overall Rs. 20,000 for the accident as a whole. The High Court correctly awarded compensation below this per-person limit to each claimant.

Court Disposition

appeals dismissed

Orders

  • Costs awarded in separate sets to respondents 1(a)-1(g) (heirs of Ajit Sinh) and respondents 3-6 (heirs of Jadavji Keshavji Modi).