VidhiSangh

Supreme Court of India · 08/08/2018

SHAMANNA AND ANOTHER versus THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD. AND ORS.

[2018] 9 S.C.R. 486 · 2018 INSC 678

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Summary

In a third-party fatal-accident claim involving an unlicensed jeep driver, the Supreme Court restored the direction requiring the insurer to pay and recover from the owner. The High Court had wrongly treated that remedy as confined to the Supreme Court’s Article 142 power. Its enhanced compensation of Rs.4,94,700, with accrued interest, remained payable by the insurer.

Issues

  1. Whether the Tribunal could direct the insurer to pay third-party compensation and recover it from the vehicle owner despite breach of the driving-licence condition.

Provisions considered

Held

Result

Appeal partly allowed. Insurer directed to pay Rs.4,94,700 with accrued interest at the awarded rate of 6% per annum and recover it from the owner. No costs.

Judgment PDF: Supreme Court of India, [2018] 9 S.C.R. 486.