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LegalFirms.in Judgments · legalfirms.in/judgments/rama-bai-vs-m-s-amit-minerals-through-incharge-officer-competent-officer-anrs-20250924/ · Printed 07 Nov 2026
Civil · Reportable judgment

Rama Bai vs M/s Amit Minerals Through Incharge Officer/Competent Officer & Anrs.

Court
Supreme Court of India
Date
24 September 2025
Case No.
Civil Appeal No. 9669 of 2024
Result
Allowed
Bench
K. Vinod Chandran
Citation
[2025] 9 S.C.R. 1599 : 2025 INSC 1162
Supreme Court Reports [2025] 9 S.C.R. 1599 : 2025 INSC 1162
Issue for consideration
Whether the High Court ought to have applied the doctrine of “pay and recover” requiring the Insurance Company to satisfy the amount of compensation to the claimant and subsequently allow the Insurance Company to recover the amount in accordance with law.
Headnote

Motor Vehicle Accident Claim – Victim-deceased died in a vehicular accident – Truck was driven by respondent no.1 – The said truck met with an accident with a tractor-trolley – Victim was a conductor in the truck – Claim petition – Tribunal awarded compensation of Rs.3 lakhs – It was found that respondent no.1-driver was not holding a valid licence on date of the accident – The High Court enhanced the amount of compensation to Rs.5,33,600/- – While enhancing the compensation, the High Court fastened the liability to pay the amount on the respondent no.1-driver and respondent no.2owner holding that respondent no.3-Insurance Company was entitled in law to avoid the liability – Correctness: Held: The High Court in the impugned judgment relied upon the decision in Ram Babu Tiwari to find that as per the specific provisions of the Motor Vehicles Act, if the driver does not possess a valid and effective driving licence, it results in a breach of conditions of the insurance policy, exonerating the insurer from its liability – But while affirming the order of the High Court, absolving the liability for breach of conditions in the policy, this Court refused to interfere with orders of ‘pay and recover’ as directed by the High Court – In the above circumstances, going by the series of decisions of this Court, it is only proper that the insurer be directed to satisfy the award, which however can be recovered by the insurer from the insured-owner of the vehicle. [Paras 6.1, 7]

Keywords: Doctrine of ‘pay and recover’ · Insurance company to satisfy amount of compensation · Determination of compensation · Vehicular accident · Valid license · Driver not holding valid license · Offending vehicle · Breach of policy conditions · Ineffective driving license · Insurer satisfying award

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan (2007) 7 SCC 56 (2008) 7 SCC 416. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

N.V. Anjaria, J. Judgment Preferred by the appellant-claimants, the present Appeal is directed against judgment and award dated 11.06.2020 of the High Court of Chhattisgarh, Bilaspur in M.A. (C) No. 876 of 2013, whereby the High Court enhanced the compensation payable to the appellantclaimant and absolved respondent No. 3 – Insurance Company from the liability to pay the amount, fastening the same on respondent Nos. 1 and 2 – driver and the owner respectively. 2. The case and grievance of the appellant is that the High Court ought to have applied the doctrine of “pay and recover” requiring
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