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november 2008

Supreme Court of India · 2008-11-14

G.M., United India Insurance Co.Ltd vs M. Laxmi & Ors

Citation / case number
AIR 2009 SUPREME COURT 626
Court
Supreme Court of India
Petitioner
G.M., United India Insurance Co.Ltd
Respondent
M. Laxmi & Ors
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that under Section 166 of the Motor Vehicles Act, 1988, the insurer is not liable to compensate for injuries sustained by a gratuitous passenger, such as a pillion rider, under an Act policy. The Court distinguished between Act policies and Comprehensive policies, emphasizing that the Circular of the Tariff Advisory Committee pertains only to Comprehensive policies. The High Court's judgment allowing compensation was set aside, reaffirming that the insurer had no liability in this case.

G.M., United India Insurance Co.Ltd vs M. Laxmi & Ors · Niyam