Manjusha vs United India Assurance Company Limited & 2025 INSC 896 - Motor Accident Compensation - Limited Liability Pleadings
Motor Accident Compensation - In this case, the issue was whether the family of the brother of the owner of the vehicle, who died in the accident when the tyre of the car he was driving burst, is entitled to claim compensation? SC held: When the contention of limited liability was neither taken before the Tribunal nor even in the memorandum of appeal filed, there was no reason for the High Court to look into the policy document to find limited liability; which again is urged before us on the basis of an extract of the Indian Motor Tariffs, termed to be a guideline issued, with respect to insurance policies, by the Tariff Advisory Committee.
Tariff Advisory Committee - The guidelines issued by the Tariff Advisory Committee regulates the issuance of the policies by the insurers but unless it is specified in the insurance policy, it cannot bind the insured. (Para 11)
Motor Accident Compensation - Insurer has no statutory liability to cover the risk of the owner, or as in this case the driver of the vehicle, who steps into the shoes of the owner, when the statutory liability is restricted to third party liabilities. (Para 2)
Law of Evidence - Pleadings and proof of such pleadings; by valid evidence led, is the crux and core of any adjudicatory process. Trite is the principle that there can be no proof offered without specific pleadings. (Para 13)
Case Info
Case Name and Neutral Citation
- Case Name: Manjusha & Ors. v. United India Assurance Company Limited & Anr.
- Neutral Citation: 2025 INSC 896
Coram (Judges)
- Justice Sudhanshu Dhulia
- Justice K. Vinod Chandran
Judgment Date
- July 25, 2025
Caselaws and Citations Referred
- Oriental Insurance Co. Ltd. v. Rajni Devi(2008) 5 SCC 736
- Oriental Insurance Co. Ltd. v. Jhuma Saha(2007) 9 SCC 263
- Dhanraj v. New India Assurance Co. Ltd. & Anr.(2004) 8 SCC 553
- National Insurance Co. Ltd. v. Laxmi Narain Dhut(2007) 3 SCC 700
- Ramkhiladi v. United India Insurance Co.(2020) 2 SCC 550
- Ningamma v. United India Insurance Co. Ltd.(2009) 13 SCC 710
- New India Assurance Co. Ltd. v. Sadanand Mukhi(2009) 2 SCC 417
Statutes/Laws Referred
- Motor Vehicles Act, 1988 (MV Act)
- Section 147 (Statutory liability of insurer)
- Section 163A (No fault liability)
- Section 166 (Claim for compensation)
- Indian Motor Tariffs (IMT) Guidelines (as issued by the Tariff Advisory Committee, specifically IMT 16 regarding personal accident cover)
Suggested Readings:
