VidhiSangh

Supreme Court of India · 17/05/2018

AMRIT PAUL SINGH & ANR. versus TATA AIG GENERAL INSURANCE CO. LTD. & ORS.

[2018] 6 S.C.R. 838 · 2018 INSC 531

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Summary

The Supreme Court upheld a pay-and-recover award where the offending truck had no permit on the accident date. A subsequent permit did not cure that absence. Use without a permit was a fundamental statutory infraction, distinguishable from the driving-licence and excess-passenger cases relied on by the insured. Statutory exceptions had to be pleaded and proved. The insurer was required to compensate the claimants and could recover from the owner and driver.

Issues

  1. Whether absence of a transport permit was a fundamental breach and whether an unproved statutory exception could excuse it.
  2. Whether requiring the insurer to pay the third-party award with a right of recovery was proper.

Provisions considered

Held

Result

Appeal dismissed without costs. Award of Rs.15,63,120 with 9% interest from the award until realisation sustained, payable by the insurer with recovery from the owner and driver.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 838.