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Anu Bhanvara Etc. v. IFFCO Tokio General Insurance Company Limited

Civil Appeal · 2019 INSC 890Decided 9 Aug 2019
Civil Appeal Nos. 6231-6232 of 2019
Justice Rohinton Fali Nariman · Justice Vineet Saran

Background

Two minors, Anu Bhanvara (then 15) and Rohit Kumar (then 18), were gratuitous (non-paying) passengers riding in a jeep registered as a goods vehicle when it was involved in an accident caused by composite negligence of two drivers. Both suffered severe injuries requiring limb amputation. The Motor Accidents Claims Tribunal dismissed their claims for lack of proven negligence, but the High Court held the jeep's driver/owner liable while letting the insurer off the hook, reasoning that gratuitous passengers in a goods vehicle were not covered by the policy.

Decision Breakdown

The Supreme Court left the compensation amounts (as enhanced by the High Court) undisturbed, finding them adequate on all counted heads. On the more significant question of who must pay, the Court invoked the "pay and recover" principle: given the claimants were young children with permanent disabilities, the insurance company was directed to pay the awarded compensation directly to them, while retaining the right to subsequently recover that amount from the vehicle's owner and driver.

Lesson Learnt

Even where an insurance policy technically excludes coverage (such as for gratuitous passengers in a goods vehicle), courts can still direct the insurer to pay accident victims upfront under the "pay and recover" principle, so that injured claimants, especially vulnerable ones like children, are not left waiting for payment while liability disputes are sorted out between the insurer and the vehicle owner.

Official source (sci.gov.in)View Judgment (PDF)

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