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Tuesday, 10 November 2026

Supreme Court: The Statutory Supremacy of S 147(5) of MVA: Why India Motor Tariff Exclusions Cannot Negate Cross-Border Insurer Liability

 Statutory Overriding Effect of Section 147(5) MVA over India Motor Tariff Regulations: The insurer argued that the policy was restricted to India because no additional premium was paid to extend coverage to Nepal under General Regulation 4 (GR.4) of the India Motor Tariff (IMT) 2002. Held, Section 147(5) of the MVA contains a potent non-obstante clause which imposes liability on the insurance company to indemnify the specified persons, overriding regulatory instruments like the IMT - Non-payment of the additional premium under GR.4 does not vitiate the valid permit or statutory coverage.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 9204 of 2026 

Decided On: 20.07.2026

The Oriental Insurance Co. Ltd. Vs. Durg Roadways Private Limited and Ors.

Hon'ble Judges/Coram:

Sanjay Karol, J.

Citation: 2026 INSC 722, MANU/SC/0717/2026.

Read full judgment here: Click here.

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