Amudhavalli vs HDFC Ergo General Insurance Co. Ltd. 2025 INSC 1219 -Motor Accident Compensation - Pay and Recover - Fundamental Breach
Motor Accident Compensation - The goods vehicle is not allowed to carry passengers, unless he is the owner of the goods carried therein or his authorised representative. (Para 5) [Context: In this case, the pay and recovery directed by the Tribunal was set aside by High Court - Dismissing appeal, SC observed: This is a case in which there was a fundamental breach noticed and the deceased claimant, being a person who travelled in the goods carriage after paying fare, the damages for his death was not entitled to be indemnified by the insurer.]
Case Info
- Case name: Amudhavalli & Ors. v. HDFC Ergo General Insurance Company Ltd. & Ors.
- Neutral citation: 2025 INSC 1219.
- Coram: K. Vinod Chandran, J.; N. V. Anjaria, J.
- Judgment date: September 26, 2025.
Caselaws and Citations
- New India Assurance Co. Ltd. v. Asha Rani, (2003) 2 SCC 223.
- New India Assurance Co. v. Satpal Singh, (2000) 1 SCC 237.
- National Insurance Co. Ltd. v. Baljit Kaur, (2004) 2 SCC 1.
- National Insurance Co. Ltd. v. Challa Bharathamma, (2004) 8 SCC 517.
- National Insurance Co. Ltd. v. Kaushalaya Devi, (2008) 8 SCC 246.
- Manager, National Insurance Co. Ltd. v. Saju P. Paul, (2013) 2 SCC 41.
- Shamanna v. Divisional Manager, Oriental Insurance Co. Ltd., (2018) 9 SCC 650.
- National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297.
Statutes/Laws Referred
- Motor Vehicles Act, 1988 principles concerning:
- Breach of policy conditions for goods carriage carrying passengers for fare.
- Permit requirements for hire or reward.
- Third-party coverage scope (driver/cleaner vs. gratuitous/fare-paying passengers).
- Doctrine of “pay and recover” in motor accident claims.
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