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Supreme Court: “Rights of Third Parties Must Be Protected — Insurer to Pay 50% Compensation Despite Cancelled Policy Due to Dishonoured Premium Cheque”

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Court’s Decision

The Supreme Court upheld the principle that while cancellation of an insurance policy due to non-payment of premium absolves an insurer from liability in law, the Court can still direct payment to third-party claimants under the “pay and recover” doctrine. Here, the insurer had already deposited 50% of the awarded compensation with interest, which the claimants had withdrawn. The Court ruled that this amount should not be recovered from the claimants but could be recovered from the vehicle owner. The remaining 50% compensation was directed to be recovered by the claimants directly from the vehicle owner.


Facts

A road accident on 22 August 2005 claimed the life of a 36-year-old computer engineer earning ₹3,364 per month. The Motor Accident Claims Tribunal awarded ₹8,23,000 as compensation. The insurer contended it was not liable as the policy had been cancelled before the accident due to the premium cheque being dishonoured for insufficient funds, with cancellation intimated to the owner and RTO. The Tribunal held the driver solely negligent, acknowledged the cancellation, but applied the “pay and recover” principle, directing the insurer to pay first and recover from the owner. The High Court upheld this decision.


Issues

  1. Whether the insurer is liable to pay compensation when the insurance policy had been cancelled prior to the accident due to dishonoured premium payment.
  2. Whether the “pay and recover” principle should apply despite such cancellation.

Petitioner’s Arguments (Insurer)

The insurer argued that:


Respondent’s Arguments (Claimants)

The claimants argued that:


Analysis of the Law

The Court examined Sections 147(5), 149(1), and 166 of the Motor Vehicles Act, 1988, which govern insurer liability towards third parties. It noted that:


Precedent Analysis


Court’s Reasoning

The Court found that:


Conclusion

The Supreme Court ruled:


Implications

This judgment reinforces that while insurers can avoid liability where premiums are unpaid and cancellation is duly communicated, courts may still protect third-party victims by ordering payment under “pay and recover.” It balances contractual rights of insurers with the social objective of the Motor Vehicles Act to safeguard accident victims.


Cases Referred

  1. National Insurance Co. Ltd. v. Seema Malhotra (2001) — Dishonoured premium cheque discharges insurer’s liability.
  2. Deddappa v. National Insurance Co. Ltd. (2008) — Applied “pay and recover” despite policy cancellation.
  3. United India Insurance Co. Ltd. v. Laxmamma (2012) — Liability subsists unless cancellation communicated before accident; reaffirmed “pay and recover.”

FAQs

1. Can an insurer be made to pay if the premium cheque bounces before an accident?
Yes, while legally absolved, courts may direct payment to protect third-party victims, allowing later recovery from the insured.

2. What is the “pay and recover” principle?
It is a judicial directive where the insurer first pays compensation to victims and later recovers the amount from the vehicle owner.

3. Does policy cancellation always protect insurers from third-party claims?
Only if cancellation is duly communicated before the accident; otherwise, liability towards third parties may subsist.

Also Read: Patna High Court dismisses plea against electoral roll tender: “Model tender conditions are merely guidelines, not binding”

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