In an appeal against an insurance claim decision, the high court held that an insurance company cannot limit liability to a statutory amount under Section 95(2) of the Motor Vehicles Act, 1939, when a higher premium was charged thereby covering higher liability. The appeal was allowed.
The appeal is allowed. Interim relief is made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 159 of 1985
Appellant :- Rajiv Kumar Agarwal Respondent :- Mohd. Anis and others Counsel for Appellant :- A.P. Singh,C.P. Ghildyal,Manu Ghildyal Counsel for Respondent :- K.N. Saxena
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Order Date :- 7.8.2019 DKS
3 issues framed by the court
Whether the insurance company can deny liability exceeding the sum specified under Section 95(2) when a higher premium was charged.
Whether the appellant is entitled to the additional amount paid as premium for third-party property damages.
Whether the lower court's finding limiting liability to Rs. 2,000 was correct in view of the higher premium charged.
1 provisions across 1 enactments
Rajiv Kumar Agarwal
Mohd. Anis
Dr. Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
