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november 2008

Supreme Court of India · 2008-11-14

G.M., UNITED INDIA INSURANCE CO.LTD. vs M. LAXMI .

Citation / case number
SC 2004/17887
Court
Supreme Court of India
Petitioner
G.M., UNITED INDIA INSURANCE CO.LTD.
Respondent
M. LAXMI .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court held that under Section 166 of the Motor Vehicles Act, 1988, the insurer is not liable to compensate a gratuitous passenger, such as the deceased who was a pillion rider, if the insurance policy is an Act policy. The Court emphasized that the liability of the insurer is limited to the terms of the policy, which in this case did not cover pillion riders. The High Court's judgment allowing compensation was set aside, reaffirming that the insurer had no liability in this instance.

G.M., UNITED INDIA INSURANCE CO.LTD. vs M. LAXMI . · Niyam