Thursday, April 23, 2026
Latest:
2025InsuranceLatestLegalNovember 2025Supreme Court

Accident Compensation – Breach of Policy & Doctrine of Pay & Recover

legaldeli

Judgment dated 10.11.2025 of the Supreme Court of India in  Civil Appeal No.013509 of 2025 of Akula Narayana  Vs.   The Oriental Insurance Company Limited and another.

 

Accident Compensation – Breach of Policy & Doctrine of Pay & Recover

 

The Tribunal held the owner and the owner jointly and severally liable for the compensation payable to the claimant.  This was based on the statement of insurance manager in the cross-examination that the insurer had collected additional premium for conductor and cleaner. 

 

However, the High Court held that the offending five seater vehicle was carrying nine persons and the policy would not cover the risk of any other person or passenger even though additional premium might have been collected.

 

HELD that when the insurance contract is not disputed and there is breach of insurance conditions, the recovery of compensation from the insurer is allowed by giving right to the insurer to recover the same from the owner.

 

 

You May Also Like

Bombay HC – Writ Court cannot reopen time-barred RERA refund order in view of subsequent SC judgment

legaldeli

No Shortcut to Custody – Bombay HC Penalizes Police for Illegal Arrest Bypassing Due Process

legaldeli

Limitation – Appeal against acquittal – Section 378(5) of Cr PC – Benefit of Section 5 of the Limitation Act to condone delay is available.

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree