Motor Vehicles Act,1988  - Motor Accident Claim

Liability of Insurance Company - Motor Vehicles Act, 1939 - Sections 95(2)(c) and (2)(b)(i) - Limits of - Award by Tribunal by holding appellant and Insurance Company jointly and severally liable - Appeal filed by Insurance Company - Plea raised that the policy in respect of vehicle was an " Act only" policy and that the liability of Insurance Company was limited under Section 95(2)(b)(i) to Rs. 50,000/- only - High Court accepted the plea and limited the liability to Rs. 50,000/- - Appeal before Supreme Court - Absence of evidence on record to show that vehicle was a taxi - Neither the policy nor any other document was produced on record shows that the vehicle was a taxi - In absence of such evidence on record, case is to be covered by Section 95(2)(c) - Held that liability of Insurance Company would be the amount of liability incurred, even though it is an " Act only" policy.

Motor Vehicles Act,1988  - Motor Accident Claim

Motor Accident claim - Liability to pay claim of Insurance Company - Motor Vehicles Act, 1939 - Sections 95(2)(c) and (2)(b)(i) - Limits of liability - Evidence on record - Appreciation of - If the vehicle was a vehicle in which passengers are carried for hire or reward, liability to be limited under Section 95(2)(b)(i) to Rs. 50,000/- - However if the vehicle does not carry passengers for hire or reward, the liability of Insurance Company would be the amount of liability incurred as is provided under Section 95(2)(c).

Topic(s)-Liability of Insurance Company , Limits of liability

Important Decision(s)- If the vehicle was a vehicle in which passengers are carried for hire or reward, liability to be limited under Section 95(2)(b)(i) to Rs. 50,000/-.