VidhiSangh

Supreme Court of India · 04/05/2025

THE ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED versus SMT. HONNAMMA & ORS.

[2025] 6 S.C.R. 141 · 2025 INSC 625

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Summary

A coolie travelling on a trailer attached to an insured tractor died when the trailer toppled due to the driver's negligence; the Tribunal had exonerated the insurer because the trailer and employee risk were not covered, but the High Court enhanced the compensation to Rs. 13,28,940 and fastened liability on the insurer. The Supreme Court held that the insured tractor was the root cause of the accident so the insurer was liable despite the trailer not being separately insured, but, applying C M Jaya, the insurer's exclusive liability could not exceed the higher of the policy cover or the statutory limit (and not less than Rs. 9,50,000), with liberty to recover any excess from the owner.

Issues

  1. Whether the insurer of a tractor is liable for the death of a person travelling on an uninsured trailer attached to and being pulled by the insured tractor.
  2. Whether the insurer can be made to pay compensation exceeding the limits of the insurance policy or of the statute, in the absence of a wider contractual cover.

Provisions considered

Held

Result

Leave granted; appeal dismissed subject to directions. The High Court's enhancement to Rs. 13,28,940 with 6% interest and the fixation of liability on the insurer were upheld; the insurer to pay within two months after adjusting earlier payments, with liberty to recover from the owner (respondent no. 4) any amount exceeding the higher of the policy cover or the statutory limit, the insurer's own share being not less than Rs. 9,50,000. No order as to costs.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 141.