Sunita Vs United India Insurance Co. Ltd. 2025 INSC 867- Motor Accident Compensation - Pay and Recover Principle
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Principle of “Pay and Recover”- In this case, vehicle in question was insured with “Liability Only Policy” and no premium was paid to cover the driver, owner, or a gratuitous passenger travelling therein, but SC held that Principle Of Pay and Recover can be invoked - Referred to National Insurance Co. Ltd. v. Baljit Kaur ; Anu Bhanvara v. IFFCO Tokio General Insurance Co. Ltd Amrit Lal ; Sood v. Kaushalya Devi Thapar; New India Assurance Co.Ltd. v. C.M. Jaya10; National Insurance Co. Ltd. v. Challa Upendra Rao; New India Assurance Co. Ltd. v. Vimal Devi; National Insurance Co. Ltd. v. Saju P. Paul; Manuara Khatun v. Rajesh Kumar Singh; and Puttappa v. Rama Naik. (Para 13-16)
Motor Accident Compensation - Although the offending vehicle is a commercial one and the driver of the said vehicle at the time of accident possessed a license to only drive a Light Motor Vehicle (LMV) and, considering the gross weight of the vehicle in question is not in excess of 7500 Kg., the driver can be said to be holding a valid license to drive the same - Referred to Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi (2024) 1 SCC 818 - (Para 10)
Suggested Readings:
Can ‘Pay and Recover’ principle be applied in Motor Accident Claims where vehicle in question was insured with Liability Only Policy?
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