Supreme Court mandates 4-year third-party cover for new cars, 6 years for two-wheelers
Synopsis
Key Takeaways
The Supreme Court on Tuesday, 4 August directed that mandatory third-party insurance for new vehicles be extended by one year, requiring four years of cover for new cars and six years for new two-wheelers at the time of purchase. The ruling, aimed at strengthening compliance with the Motor Vehicles Act (MVA) and improving road safety, came from a bench of Justice Sanjay Karol and Justice P.K. Mishra while disposing of an appeal filed by National Insurance Company Ltd.
Why the Court Acted
The bench noted that despite an earlier mandate — requiring three-year third-party cover for new cars and five-year cover for new two-wheelers — a large proportion of vehicles continue to operate without valid insurance. According to the court's order, nearly 56 per cent of vehicles on Indian roads remain uninsured, directly undermining the statutory purpose of compulsory insurance under the MVA.
'It is shocking to learn that nearly 56 per cent of vehicles plying on Indian roads remain uninsured,' the judgment stated, adding that accident victims and their families are frequently forced into prolonged litigation to secure compensation.
Overruling Regulator Recommendations
The Insurance Regulatory and Development Authority of India (IRDAI) and the General Insurance Council had, during proceedings, advised against extending the mandatory insurance tenure. They contended that longer-tenure policies would push up premiums and had not demonstrably reduced uninsured vehicle numbers. The Supreme Court disagreed, holding that the extension was warranted in the larger interest of road safety. The bench directed the IRDAI to immediately issue necessary directions to implement the order.
Four-Layer Insurance Structure Approved
In a significant structural reform, the apex court approved a four-layer insurance framework for private vehicles: a mandatory third-party policy; optional legal liability cover for occupants or pillion riders; optional personal accident cover for the owner-driver and passengers; and optional own-damage cover. Every customer purchasing motor insurance — whether offline or online — must be provided a mandatory 'customer option form' with a checkbox mechanism to opt for additional covers. The IRDAI has also been directed to formulate uniform policy wordings and mandate a consumer-friendly information sheet clearly distinguishing between mandatory and optional coverage.
Technology-Driven Enforcement Ordered
To curb uninsured vehicles, the court directed that Automatic Number Plate Recognition (ANPR) cameras be integrated with the Insurance Information Bureau and VAHAN database to automatically detect uninsured vehicles and issue e-challans. State police are to be equipped with handheld devices or mobile applications linked to insurance databases for real-time verification. The court further asked the IRDAI and the Ministry of Road Transport and Highways to explore pilot projects enabling citizens to verify vehicle insurance status, and to examine linking fuel supply at petrol pumps to valid insurance status.
Compliance Deadline and Next Hearing
The Supreme Court directed all stakeholders to file compliance affidavits by 14 August, with the matter listed for review on 18 August. On the specific facts of the case, the bench dismissed National Insurance Company Ltd.'s appeal against a Telangana High Court judgment that had awarded compensation to the legal heirs of a deceased vehicle owner, holding that a comprehensive insurance policy covered the owner travelling in his own vehicle as an occupant. The court cautioned that motor accident claim courts must not adopt a 'hyper-technical approach' in adjudicating such matters.
With enforcement mechanisms now being tied to digital infrastructure, the ruling marks a substantive shift from compliance-on-paper to compliance-in-practice — one that could reshape the motor insurance landscape for millions of new vehicle buyers.