Supreme Court of India · 2006-03-21
Jameskutty Jacob vs United India Insurance Co. And Ors.
- Citation / case number
- AIR 2006 SUPREME COURT 3690
- Court
- Supreme Court of India
- Petitioner
- Jameskutty Jacob
- Respondent
- United India Insurance Co. And Ors.
- Author
- B.P. Singh
- Bench
- B.P. Singh, Altamas Kabir
Judgment text excerpt
The Supreme Court upheld the High Court's judgment, affirming that the vehicle involved was a 'motor cab' used for hire or reward, thus subject to limited liability under Section 95(2)(b)(i) of the Motor Vehicles Act, 1939. The Court clarified that the insurance policy's terms indicated the vehicle's classification, and since the injured child was not a passenger, the insurer's liability was limited to Rs. 50,000. Consequently, the appeal was dismissed without costs.