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DECLARATION

I, (Akshay Suri- ENRL NO. 06413403810) , hereby declare that the dissertation entitled
(INSURANE LIABILITY UNDER MOTOR VEHICLES ACT- A CRITICLAL
STUDY) submitted for the degree of bachelor of laws is my original work and the
dissertation has not formed the basis of for the award of any degree, diploma, associate
ship, fellowship or similar other titles. It has not been submitted to any other University
or Institution for the award of any other degree or diploma.

Date:
Place:
(Akshay Suri)
Enrl. No. 06413403810

CERTIFICATE OF SUPERVISOR
It is certified that the dissertation entitled (INSURANE LIABILITY UNDER MOTOR
VEHICLES ACT- A CRITICLAL STUDY) is a record of research work done by Mr.
Akshay suri during the period of his study and that the dissertation has not previously
formed the basis of for the award of any degree, diploma, associate ship, fellowship or
similar other titles and that it is an independent work done by him.

Date:
Place:
Supervisor
Mrs. Vijeta Verma
Assistant Professor

ii

CERTIFICATE OF PRINCIPAL
It is certified that the dissertation entitled (INSURANE LIABILITY UNDER MOTOR
VEHICLES ACT- A CRITICLAL STUDY) is a record of research work done by Mr.
Akshay suri during the period of his study and that the dissertation has not previously
formed the basis of for the award of any degree, diploma, associate ship, fellowship or
similar other titles and that it is an independent work done by him.

Date:
Place:
Principal
Prof. (Dr.) T.P.S. Rathore

iii

ACKNOWLEDGEMENT
I wish to acknowledge my indebtedness to Mrs. Vijeta Verma, for her valuable guidance
and suggestions, keen interest and pain, and taking efforts at all stages of this research
work. I wish to acknowledge my indebtedness to Prof (Dr.) T.P.S. Rathore, Principal
,Ideal Institute of mgt & tech & (School of law) , GGSIP University for his valuable
suggestions from time to time.
Thanks are also due to all my batch-mates, colleagues and friends for their constant help
and encouragement to complete this work.
Finally, I express my deep sense of gratitude to my family members for their constant
support.

iv

LIST OF ABBREVIATIONS
Journals/ Reporters
ACJ

Accident Claim Journal

ACC

Accident Claim Cases

ACJR

Accident Claim Judgment Reporter

All ER

All England Reports

AIHC

All India High Court Cases

AIR

All India Reporters

APLJ

Andhra Pradesh Law Journal

BLJR

Bombay Law Judgment Reporter

Civil LJ

Civil Law Journal

CLR

Calcutta Law Review

DLR

Delhi Law Review

DLT

Delhi Law Times

GLR

Gujarat Law Reporter

ILR

Indian Law Reports

Ker LJ

Kerala Law Journal

LW

Law Weekly

MLJ

Madras Law Journal

NSWR

New South Wales Report

SCC

Supreme Court Cases

TAC

Transport and Accidental Cases

WLR

Weekly Law Reports

AC

Appeal Cases

All

Allahabad

AP

Andhra Pradesh

Bom

Bombay

Cal

Calcutta

Others

DB

Division Bench

Del

Delhi

Guj

Gujarat

Gau

Gawhati

HC

High Court

HP

Himachal Pradesh

Ker

Kerala

Kant

Karnataka

KB

King Bench

LC

Lord Council

MACT

Motor Accident Claim Tribunal

Mad

Madras

MP

Madhya Pradesh

Mys

Mysore

Ori

Orissa

Pat

Patna

Punj

Punjab

P&H

Punjab and Haryana

PC

Privy Council

QB

Queen Bench

Raj

Rajasthan

SC

Supreme Court

Trip

Tripura

UP

Uttar Pradesh

UK

United Kingdom

US

United States

vi

LIST OF CASES
1.

Lecena v. Craufurd, (1806) 2 B & P 269, 301 (NR).

2.

Pink v. Flerning, (1890) 14 QBD 396 (CA).

3.

Samati Deb Barma v. State of Tripura, 1987 ACJ 205 at p. 207(Gau) (DB).

4.

National Insurance Co. Ltd. v. Anjali Mallick, (1993) 2 ACC 543 (Cal) (DB).

5.

Divisional Manager, New India Assurance Co. Ltd. v. Tumu Gurava Reddy,
2000(1) Civil LJ 24 (AP).

6.

New India Assurance Co. Ltd. v. Yosoda Devi, 1996(2) PLJR 329 at p. 339.

7.

Minu Mehta v. Balkrishan Ramchandra Nayan, 1977 ACJ 118 SC.

8.

Oriental Insurance Co. Ltd., v. Pritam Lal, 1989 ACJ 1129.

9.

Manjit Singh v. Rattan Singh, AIR 1997 HP 21 at 25, 26.

10.

Ram Chandra v. Naresh Kumar, 1999(9) TAC 545 (P&H).

11.

Oriental Fire and General Insurance Company Ltd. v. Shahjehan Begum, AIR
1997 MP 1 at 4.

12.

National Insurance Company v. Nirmala Bai, 1999(2) TAC 11 (Raj).

13.

Oriental Insurance Co. Ltd. v. Minaxi and others, 2000 ACJ 385 (Kant).

14.

Ashoka v. Narmadabai, 2000 ACJ 553 (MP).

15.

New India Insurance Co. Ltd. v. Krishan Pal Singh, 2000 ACJ 522 SC.

16.

Oriental Fie and General Insurance Co. Ltd. v. K. Hanumanthan Rao and others,
1997 (1) AC Com 74 at p. 80 (AP).

17.

Padma Srinivasan v. Premier Insurance Co. Ltd., AIR 1982 SC 836.

18.

Indarjeet Singh & Co. v. Karnal Prakash Pawar, AIR 1989 Bom 325 (DB)

19.

Ram Lal v. Hasti Mal, 2005 AIHC 941.

20.

Wangaurd Fire Genral Insuranec Co. v. Sarala Devi, AIR 1959 Punj. 297

21.

Motor Owners Insurance Co. Ltd. V. Khet Pal Singh, AIR 1983 Raj 88 at p. 89.

22.

National Insurance Co. Ltd. V. Sakaram, 2005 AIHC 4616.

vii

TABLE OF CONTENTS

DECLARATION

CERTIFICATE OF SUPERVISOR

ii

CERTIFICATE OF PRINCIPAL

iii

ACKNOWLEDGEMENT

iv

LIST OF ABBREVIATION

LIST OF CASES

v-vi
vii

Chapter I: Introduction

1-7

1.1

History

1.2

Reasons and Objectives of the study

1.3

Methodology

1.4

Chapterization Scheme

Chapter II: Motor Vehicles Insurance: The Conceptual Framework

8-28

2.1

Nature of Contract of Insurance

2.2

Basic Principles of Motor Insurance

2.3

Motor Vehicles Insurance in India

13

Chapter III: No Fault Liability under Motor Vehicles Act

29-43

3.1

Introduction

29

3.2

Legislative Response

30

3.3

Statutory Provisions

30

3.4

Meaning of the term no fault liability

31

3.5

Scope and Ambit of the Principle of No Fault Liability

32

3.6

Grant of Interim Award on No Fault Liability Basis

32

3.7

No Fault Liability of Insurer and Insured

33

3.8

No Fault Liability and Defence available to Insurance Company

35

viii

3.9

No Fault Liability and Defence Available to Driver and Insured

36

3.10

Use of Motor Vehicle

37

3.11

Permanent Disablement

38

3.12

Retrospective Effect of No Fault Liability

39

3.13

Difference between Section 140 and 163-A

40

3.14

Compensation under No Fault Liability is in addition to any other

3.15

Right to Claim Compensation

41

Co-existence of no fault and fault based systems

43

Chapter IV: Insurance of Motor Vehicles against Third Party Risks

44-69

4.1

Introduction

44

4.2

Insurance against Third Party Risk

45

4.3

Requirement of policies and Limits of Liability

48

4.4

Meaning of Expression Third Person and any Person

50

4.5

Liability of Insurance Company

51

4.6

Liability of Insurance Company: Its Limitation, Extent and when


It ceases

53

4.7

Retrospective Effect of Section 147

53

4.8

Third Party Right

54

4.9

Duty of Insurer to Satisfy Judgment and Awards in respect of


Third Party Rights

55

4.10

Liability of Insurer/ Insurance Company

60

4.11

Extent of Insurers Liability to Pay Damages

60

4.12

Suit by Third Party

61

4.13

Liability of Insurers against Persons Insured in Respect of Third


Party Risks

4.14

61

Defences Available To Insurers/ Insurance Company in a Claim


Petition

4.15

62

Rights Of Third Parties Against Insurers On Insolvency Of The


Insured

4.16

67

Duty to Give Information As To Insurance

ix

68

4.17

Hit and Run Motor Accidents

68

Chapter V: Conclusion and Suggestions

70-74

Bibliography

75

Appendix

76-77

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