Third-Party Motor Insurance Coverage for Vehicle Occupants: Supreme Court Refers Critical Question to Larger Bench

Introduction

The Supreme Court of India, in its order dated July 14, 2025, in The Divisional Manager v. Radha Santhosh & Ors. [1], has referred a fundamental question regarding third-party motor insurance coverage to a larger bench. The case raises the critical issue of whether persons sitting in a car would be covered under a third-party insurance policy and entitled to compensation. This referral underscores the complexity and importance of defining the scope of third-party coverage under motor vehicle insurance law in India.

The question referred pertains to whether the term “third party” includes all persons other than the insured (first party) and the insurer (second party), thereby making all other individuals eligible for coverage under statutory motor insurance policies. This issue has far-reaching implications for motor accident compensation, insurance liability, and the protection of road users across India.

Background and Context of the Case

Current Proceedings

The Special Leave Petition arises from a judgment dated April 3, 2025, passed by the High Court of Kerala at Ernakulam in MACA No. 721/2021. The case involves a motor accident compensation claim where the fundamental question of third-party coverage has been raised. The Supreme Court bench comprising Justice Pankaj Mithal and Justice Prasanna B. Varale noted that this question has already been referred to a larger bench through an earlier order dated August 25, 2022, in SLP (Civil) No. 3433 of 2020.

The Court has stayed execution proceedings in the present case, provided the petitioner deposits the entire compensation amount awarded by the Motor Accidents Claim Tribunal along with up-to-date interest within six weeks. This interim arrangement demonstrates the Court’s recognition of the urgency in resolving compensation matters while the larger legal question remains pending adjudication.

Earlier Larger Bench Reference

The Supreme Court’s earlier referral in 2022 indicates the persistent complexity surrounding third-party insurance coverage interpretation. The 2022 reference specifically dealt with whether pillion riders on motorcycles constitute third parties for insurance purposes [2]. The current case extends this inquiry to encompass all vehicle occupants, suggesting a broader reconsideration of third-party insurance scope under Indian motor vehicle law.

Legal Framework Governing Third-Party Motor Insurance

Motor Vehicles Act 1988 – Statutory Foundation

The Motor Vehicles Act, 1988, establishes the comprehensive legal framework for motor vehicle insurance in India. Chapter XI of the Act, spanning Sections 145 to 164, specifically addresses “Insurance of Motor Vehicles Against Third Party Risks” [3]. This chapter mandates compulsory third-party insurance for all motor vehicles operating in public places.

Section 146 establishes the fundamental obligation, stating that no person shall use or allow any other person to use a motor vehicle in a public place unless there is in force a valid policy of insurance complying with the statutory requirements. This provision makes third-party insurance mandatory for all motor vehicle users, with violations punishable by imprisonment up to three months or fine up to one thousand rupees, or both.

Section 147 defines the requirements of insurance policies and limits of liability [4]. The section mandates that insurance policies must cover liability for death or bodily injury to any person, including owners of goods or their authorized representatives carried in the motor vehicle, and damage to any property of a third party caused by or arising out of vehicle use in public places.

Definition and Scope of Third Party

The Motor Vehicles Act does not explicitly define “third party” in comprehensive terms, leading to judicial interpretation regarding the scope of coverage. The term “third party” generally encompasses all persons other than the contracting parties to the insurance policy – the insured (first party) and the insurer (second party). However, the precise boundaries of this definition, particularly regarding vehicle occupants, passengers, and related individuals, remain subject to judicial determination.

Section 147(1)(b)(i) specifically mentions coverage for “death of or bodily injury to any person including owner of the goods or his authorised representative carried in the motor vehicle.” This provision suggests that persons carried in the vehicle are contemplated as potential beneficiaries of third-party insurance coverage, though the extent and conditions of such coverage require clarification.

Section 147(1)(b)(ii) addresses “death of or bodily injury to any passenger of a transport vehicle, except gratuitous passengers” in certain circumstances. This exclusion of gratuitous passengers has been a source of significant litigation and varying interpretations across different jurisdictions and factual scenarios.

Judicial Precedents and Conflicting Interpretations

Supreme Court Precedents on Passenger Coverage

The Supreme Court has addressed third-party insurance coverage for vehicle occupants in several landmark cases, though with varying outcomes depending on specific factual circumstances and legal interpretations.

United India Insurance Company Limited v. Tilak Singh (2006) 4 SCC 404 established that insurance companies owe no liability towards injuries suffered by pillion riders under statutory policies, as such policies do not cover the risk of death or bodily injury to gratuitous passengers [2]. This decision emphasized the distinction between statutory coverage requirements and broader insurance protection.

Oriental Insurance Company Limited v. Sudhakaran K V (2008) 7 SCC 428 held that pillion riders in two-wheelers should not be treated as third parties when accidents occur due to rash and negligent riding by the vehicle operator rather than external causes [2]. This ruling introduced the concept of causation in determining third-party status and coverage eligibility.

Manuara Khatun and Ors v. Rajesh Kr. Singh and Ors (AIR 2017 SC 1204) addressed the status of gratuitous passengers, finding that deceased passengers not covered under insurance policies could still receive compensation, with insurers required to pay and subsequently recover amounts from the insured [2]. This decision provided a practical solution while maintaining legal distinctions regarding coverage obligations.

High Court Variations and Interpretations

Various High Courts have interpreted third-party coverage differently, leading to inconsistent application of motor insurance law across jurisdictions. Some courts have adopted expansive interpretations of third-party coverage, while others have strictly construed statutory provisions to limit insurer liability.

The Kerala High Court’s approach in the present case appears to have relied on established Supreme Court precedents while raising fundamental questions about the scope of third-party definition. This judicial uncertainty underscores the need for authoritative determination by a larger bench regarding the proper interpretation of third-party insurance coverage.

Motor Insurance Tariff and Industry Practices

Indian Motor Tariff Provisions

The Indian Motor Tariff, administered by the General Insurance Corporation of India and individual insurers, provides detailed guidelines for motor insurance coverage and premium calculation. Endorsement No. 70 of the Indian Motor Tariff specifically addresses coverage for pillion riders and passengers, requiring additional premium payments for such protection under “Act Only” policies [2].

This tariff structure suggests that basic statutory third-party insurance may not automatically cover all vehicle occupants, with specific endorsements and additional premiums required for comprehensive passenger protection. The existence of such endorsements indicates industry recognition that standard third-party coverage may have limitations regarding vehicle occupant protection.

Act Only vs. Comprehensive Policies

Motor insurance in India operates through two primary categories: Act Only policies (covering only statutory third-party requirements) and Comprehensive policies (providing broader coverage including own damage and enhanced third-party protection).

Act Only policies are designed to meet minimum statutory requirements under the Motor Vehicles Act, providing basic third-party coverage at lower premium rates. The question of whether such policies automatically cover all vehicle occupants as third parties has significant implications for premium calculation, risk assessment, and coverage obligations across the insurance industry.

Comprehensive policies typically provide broader protection but involve higher premiums and specific terms regarding passenger coverage. The distinction between these policy types becomes crucial when determining the scope of third-party coverage obligations under statutory provisions.

Constitutional and Policy Considerations

Right to Compensation and Social Justice

Motor vehicle insurance law in India serves broader constitutional objectives of social justice and protection of vulnerable road users. The statutory mandate for third-party insurance reflects the constitutional directive to protect citizens from the economic consequences of motor vehicle accidents, particularly when victims may lack resources to pursue private remedies against negligent drivers.

Article 21 of the Constitution, guaranteeing the right to life and personal liberty, has been interpreted to include the right to livelihood and compensation for accident victims [5]. This constitutional foundation supports expansive interpretation of third-party insurance coverage to ensure maximum protection for road users and accident victims.

The Supreme Court has consistently emphasized that motor vehicle insurance law constitutes welfare legislation designed to protect innocent road users who become accident victims through no fault of their own. This legislative purpose supports broad interpretation of third-party coverage to achieve the underlying social protection objectives.

Economic Impact and Insurance Industry Considerations

The interpretation of third-party coverage has significant economic implications for the insurance industry, premium calculations, and overall motor insurance affordability. Expansive interpretation of third-party coverage could increase insurer liability and potentially impact premium rates across all policy categories.

Conversely, restrictive interpretation might leave certain accident victims without adequate compensation avenues, undermining the social protection objectives of compulsory motor insurance. The larger bench determination must balance these competing considerations while maintaining the fundamental protective purpose of statutory motor insurance requirements.

Comparative Analysis with International Practices

Global Approaches to Third-Party Coverage

International jurisdictions adopt varying approaches to third-party motor insurance coverage, with some providing comprehensive protection for all road users while others maintain more limited coverage schemes.

European Union directives on motor insurance generally require broad third-party coverage including vehicle occupants, with limited exceptions for specific circumstances. This approach prioritizes victim protection and ensures comprehensive compensation availability for accident-related injuries and deaths.

United Kingdom motor insurance law provides extensive third-party coverage while maintaining specific exclusions for certain types of passengers and circumstances. The UK approach balances comprehensive protection with practical considerations regarding insurance costs and coverage limitations.

United States approaches vary by state but generally include broad third-party coverage with specific provisions for passenger protection. The federal and state regulatory framework ensures minimum coverage levels while allowing market-based enhancements through comprehensive insurance products.

Lessons for Indian Jurisprudence

International experiences suggest that clear statutory definition of third-party coverage, including specific provisions for vehicle occupants, can reduce litigation and provide greater certainty for both insurers and potential claimants. The larger bench determination provides an opportunity to establish clear principles that align Indian motor insurance law with international best practices while addressing local circumstances and needs.

Implications for Motor Accident Compensation

Motor Accidents Claims Tribunals (MACT)

The interpretation of third-party coverage directly impacts the functioning of Motor Accidents Claims Tribunals established under Section 165 of the Motor Vehicles Act. These specialized tribunals handle compensation claims arising from motor vehicle accidents and must apply consistent principles regarding insurance coverage and liability.

Unclear or inconsistent interpretation of third-party coverage creates difficulties for MACT proceedings, potentially leading to varied outcomes for similarly situated claimants. Authoritative determination by the larger bench would provide clear guidance for tribunal adjudication and ensure consistent application of compensation principles.

The current stay of execution proceedings pending larger bench determination demonstrates the practical impact of these legal uncertainties on actual compensation cases. Timely resolution of the fundamental coverage question is essential for effective tribunal functioning and victim compensation.

Hit and Run Cases and Compensation Schemes

Section 161 of the Motor Vehicles Act establishes compensation schemes for hit-and-run accidents, providing structured compensation for victims when the identity of the negligent driver cannot be established [6]. The scope of third-party coverage affects the interaction between insurance compensation and hit-and-run scheme benefits.

Clear determination of third-party coverage boundaries ensures appropriate coordination between different compensation mechanisms and prevents gaps in victim protection. The larger bench determination should address these coordination issues to maintain comprehensive protection for all accident victims.

Insurance Industry Response and Adaptations

Premium Calculation and Risk Assessment

The insurance industry’s approach to premium calculation and risk assessment depends significantly on the scope of third-party coverage obligations. Broader coverage interpretation requires corresponding adjustments in actuarial calculations and premium structures to maintain industry sustainability.

Insurance companies must balance statutory coverage obligations with commercial viability, ensuring that premium rates remain affordable while providing adequate coverage. The larger bench determination will influence industry practices regarding product design, pricing strategies, and risk management approaches.

Policy Terms and Coverage Disclosure

Clear legal interpretation of third-party coverage enables better policy terms drafting and coverage disclosure to policyholders. Insurance companies can provide more accurate information regarding coverage scope and limitations when the legal framework provides definitive guidance.

Enhanced disclosure benefits consumers by enabling informed decision-making regarding insurance purchases and coverage levels. The larger bench determination should promote transparency and clarity in insurance product offerings while maintaining adequate protection for all stakeholders.

Regulatory Framework and Implementation

Insurance Regulatory and Development Authority (IRDAI)

The Insurance Regulatory and Development Authority of India plays a crucial role in implementing motor insurance regulations and ensuring compliance with statutory requirements [6]. IRDAI’s regulatory framework must align with judicial interpretations of third-party coverage to maintain effective oversight and consumer protection.

The larger bench determination will influence IRDAI’s approach to product approval, rate regulation, and market conduct supervision. Clear legal principles enable more effective regulatory implementation and consistent market practices across all insurance providers.

Coordination with Transport Authorities

Motor vehicle registration and licensing authorities must coordinate with insurance regulatory frameworks to ensure comprehensive compliance with statutory requirements. The Regional Transport Offices (RTOs) responsible for vehicle registration and license issuance rely on clear insurance coverage requirements for effective administration.

Authoritative determination of third-party coverage scope facilitates better coordination between transport authorities and insurance regulators, ensuring seamless implementation of statutory protection requirements for all road users.

Future Implications and Legal Development

Legislative Considerations

The larger bench determination may influence future legislative developments regarding motor vehicle insurance law. Parliament may consider amendments to the Motor Vehicles Act to provide clearer statutory definitions and coverage requirements based on judicial interpretations and practical experience.

Legislative clarity regarding third-party coverage would reduce judicial uncertainty and provide stable legal foundations for industry operations and consumer protection. The larger bench judgment should inform legislative policy-making while addressing current legal gaps and ambiguities.

Technological Developments and Coverage Issues

Emerging transportation technologies, including autonomous vehicles, ride-sharing platforms, and electric vehicles, present new challenges for motor insurance law and third-party coverage interpretation. The larger bench determination should consider these technological developments and their implications for future coverage requirements.

Digital platforms facilitating vehicle sharing and ride aggregation services require clear legal frameworks regarding insurance obligations and third-party protection. The judicial interpretation should provide principles applicable to evolving transportation modalities while maintaining fundamental protection objectives.

Conclusion

The Supreme Court’s referral of third-party motor insurance coverage questions to a larger bench represents a critical juncture in Indian motor vehicle law development. The fundamental question of whether all persons other than the insured and insurer constitute third parties entitled to coverage has profound implications for accident victim protection, insurance industry operations, and overall road safety policy.

The larger bench determination must balance multiple competing considerations: comprehensive protection for accident victims, commercial viability for insurance providers, clarity for regulatory implementation, and consistency with constitutional principles of social justice and citizen protection. The outcome will influence motor insurance law interpretation for years to come and affect millions of road users across India.

The interim stay of execution proceedings while requiring deposit of compensation amounts demonstrates the Court’s commitment to protecting victim interests while ensuring thorough consideration of fundamental legal principles. This approach maintains immediate victim protection while allowing careful deliberation on broader policy implications.

The larger bench should consider international best practices, technological developments, and evolving transportation patterns while maintaining focus on the fundamental protective purpose of statutory motor insurance requirements. Clear, comprehensive determination of third-party coverage scope will benefit all stakeholders: accident victims seeking compensation, insurance companies requiring legal certainty, regulators implementing oversight functions, and policymakers designing future legislative frameworks.

Ultimately, the larger bench determination should prioritize victim protection and social justice objectives while providing clear, implementable legal principles that serve the broader public interest in safe, secure, and accessible road transportation. The resolution of this fundamental question will significantly advance motor vehicle law development and ensure more effective protection for all road users in India.

References

[1] The Divisional Manager v. Radha Santhosh & Ors., SLP (C) No. 17630/2025, Supreme Court Order dated July 14, 2025.

[2] Motor Accident Claims: Does Third Party Insurance Cover Pillion Rider? Supreme Court Refers To Larger Bench. Available at: https://www.livelaw.in/top-stories/motor-accident-claims-does-third-party-insurance-cover-pillion-ridersupreme-court-refers-to-larger-bench-207954 

[3] Section 147, Motor Vehicles Act, 1988. Available at: https://indiankanoon.org/doc/87183818/ 

[4] Motor Vehicle Insurance: Rights of Third Party Against Insurers. Available at: https://blog.ipleaders.in/motor-vehicle-insurance-rights-of-third-party-against-insurers/ 

[5] Third Party Insurance in India – Legal Framework. Available at: https://www.legalserviceindia.com/article/l264-Third-Party-Insurance.html 

[6] Rights and Liabilities of Third Party in Motor Insurance. Available at: https://www.mondaq.com/india/insurance-laws-and-products/942010/rights-and-liabilities-of-third-party-in-motor-insurance