M.K. KUNHIMOHAMMED versus P.A. AHMEDKUITY & ORS.

M.K. KUNHIMOHAMMED versus P.A. AHMEDKUITY & ORS.

Under section 95(2)(b)(ii) of the Motor Vehicles Act, 1939 as it stood prior to 1982 amendment, the insurer is liable up to Rs.5,000 for each individual passenger in all vehicles other than motor cabs, subject to the aggregate cap for the vehicle; in the present case, the bus was registered to carry more than thirty but not more than sixty passengers, so the aggregate limit was Rs.75,000 and the per-passenger limit was Rs.5,000.

Parties
Petitioner: M.K. Kunhimohammed; Respondent: P.A. Ahmedkuity & Ors.
Jurisdiction
India
Judgment Date
01 September 1987
Procedural Posture
Special Leave Petition (civil) / Supreme Court Dismissal Following High Court Appeal
Outcome
Petition dismissed
Legal Topics
Limits of Insurer Liability, Death of Passenger, Motor Vehicles Act Section 95(2)
Motor Vehicle Accident Insurance Limits of Insurer Liability Death of Passenger Motor Vehicles Act Section 95(2)

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Parties

M.K. Kunhimohammed

Petitioner

P.A. Ahmedkuity & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Dismissal Following High Court Appeal

Legal Issues

  1. 1 What is the maximum liability of the insurer for death of a passenger under Section 95(2)(b)(ii) of the Motor Vehicles Act, 1939, as it stood before 1982 amendment?
  2. 2 Are the aggregate and per-passenger limits cumulative or alternative under section 95(2)?

Ratio Decidendi

Under section 95(2)(b)(ii) of the Motor Vehicles Act, 1939 as it stood prior to 1982 amendment, the insurer is liable up to Rs.5,000 for each individual passenger in all vehicles other than motor cabs, subject to the aggregate cap for the vehicle; in the present case, the bus was registered to carry more than thirty but not more than sixty passengers, so the aggregate limit was Rs.75,000 and the per-passenger limit was Rs.5,000.

Court Disposition

Petition dismissed

Orders

  • No interference with Kerala High Court judgment; liability of insurer is Rs.5,000 per passenger as per Section 95(2)(b)(ii)(4).