w w w . L a w y e r S e r v i c e s . i n



Geetha & Others v/s United India Insurance Company Limited, Neyveli


Company & Directors' Information:- UNITED INDIA INSURANCE COMPANY LIMITED [Active] CIN = U93090TN1938GOI000108

Company & Directors' Information:- J B UNITED PRIVATE LIMITED [Active] CIN = U93000MH2014PTC258844

Company & Directors' Information:- J B UNITED PRIVATE LIMITED [Active] CIN = U74999MH2014PTC258844

Company & Directors' Information:- GEETHA PVT LTD [Strike Off] CIN = U22219KL1951PTC000410

Company & Directors' Information:- UNITED CORPORATION LIMITED [Liquidated] CIN = U99999TN1942PLC003159

    C.M.A. No. 1319 of 2015

    Decided On, 02 March 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Appellants: R. Poornima, Advocate. For the Respondent: J. Chandran, Advocate.



Judgment Text


(Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 30.01.2015 passed in M.C.O.P. No.2 of 2014 on the file of the learned Sub Judge, Sub Court-cum-Motor Accidents Claims Tribunal, Neyveli.)

1. The Civil Miscellaneous Appeal on hand is filed against the judgment and decree dated 30.01.2015 passed by the learned Sub-Judge, Sub-Court-cum-Motor Accidents Claims Tribunal, Neyveli in M.C.O.P. No.2 of 2014.

2. As per the claim petition, the accident occurred on 27.09.2013 at 20.00 hours between Neyveli Main Bazaar, Vadakathu Village Main Road in Neyveli Block II in front of T.A. Office speed breaker. An FIR was registered in Crime No.532 of 2013 under Section 304(A) of IPC.

3. The deceased Sivakumar was riding his vehicle Hero Honda Splendor Plus Motor Cycle bearing Registration No.TN-31-AB-1941 from Neyveli Main Bazaar to his mother-in-law’s house at Vadakathu Village and he sustained injuries in the right and left of his forehead and all over the body and the treatment was taken, however, he died on 02.10.2013, after four days from the date of accident. The first appellant is the wife of the deceased victim and the other appellants are the minor children.

4. The claim petition was filed by the petitioners for claiming a compensation of Rs.20 lakhs.

5. The Trial Court adjudicated the issues with reference to the documents and the evidences.

6. The following issues were framed by the Tribunal:-

(1) Whether the deceased Sivakumar was negligent in driving his Motor Cycle on 27.09.2013?

(2) Whether, being the legal heirs of the deceased Sivakumar, the insured herself along with children can maintain this application against the insurer?

(3) If so, what is the quantum?

7. With reference to Point No.1, the Trial Court considered the documents as well as the evidences. Admittedly, the deceased Sivakumar fell down from the Motor Cycle bearing Registration No. TN-31-AB-1941 on Neyveli Main Bazaar to Vadakathu Main Road, Block II, in front of T.A. Office speed breaker, on 27.09.2013 at 20.00 hours and succumbed to injuries. Ex.P-1 is the Copy of the F.I.R., which reveals that the deceased was negligent in driving the Motor Cycle and the same was resulting in his fatal injuries. Ex.P-3 is the Autopsy Report. Ex.P-8 is the Death Certificate. PWs-1 and 2 have specifically admitted the manner of accident and negligent of the deceased. Though it is stated in the claim application and in the oral evidence of PWs-1 and 2 that due to dazzling light coming from opposite vehicle and speed breaker, the accident took place. Ex.P-1 F.I.R. does not disclose the said facts. Further, Pws-1 and 2 are not the eyewitnesses. Considering all these facts and circumstances, the Tribunal arrived a conclusion that the accident took place and the vehicle referred in the F.I.R., also involved in the accident and the deceased Sivakumar had fatal injuries and further, it was admitted that the deceased Sivakumar had committed an act of negligent.

8. With reference to Point No.2, regarding the maintenance of the claim application, the Tribunal elaborately considered the issues based on the principles laid down by the Hon’ble Supreme Court of India as well as the High Courts. The settled points, which all are not disputed by either side are considered by the Tribunal as under:-

In General:

1. The liability of the Insurance Company is statutory.

2. The said liability of the insurer arises for the purpose of indemnifying the insured under the contract of insurance.

3. In a tortuous liability the basic liability is on the tort-feasor viz., the driver, and the vicarious liability is on the owner of the vehicle.

4. Unless there is a primary liability on the owner, the insurer cannot be held liable.

In case of the death or bodily injury of the owner/insured of vehicle:

1. The liability of the Insurance Company depends upon the policy of the insurance.

2. Liability of the insurer company is to the extent of indemnification of the insured against the respondent or an injured person, a third person or in respect of damages of property.

3. If the owner is not covered under the policy, the Insurance Company is not liable.

4. If there is a personal accident coverage, the Insurance Company is liable.

5. When the owner himself or herself is the claimant claiming compensation for the death of his or her kin, as dependent/legal heir, the Insurance Company is not statutorily liable.

6. Section 147 does not require an Insurance Company to assume risk for death or bodily injury to the owner of the vehicle. Section 147 deals with the liability of the Insurance Company to the extent of indemnification of the insured against a third person.

7. If there is any personal accident insurance, which is otherwise known as ‘P.A. Coverage’, an owner of a vehicle can maintain a claim petition.

8. The liability under Section 163-A of Motor Vehicles Act is on the owner of the vehicle as a person and the claimant cannot be both a claimant as also the recipient.

9. Section 166 deals with just compensation to a claimant who is entitled to file a claim petition for the death of the breadwinner or for the bodily injury of the claimant.

10. In a comprehensive policy of insurance, if the personal accident of the owner is covered, the legal heirs of the owner can maintain a claim.

11. On the same analogy, the owner/ insured being the legal heir of the deceased/ passenger, who is covered under the policy is also entitled for a just compensation under Section 166 of the Act.

12. The insured, being the legal heir in a dual capacity, is entitled to be indemnified by the Insurance Company and is also entitled to be a recipient of such claim.

9. As far as the present case is concerned, admittedly, the petitioners are the legal heirs/dependents of the deceased Sivakumar, who drove the Motor Cycle, which is owned by the first petitioner and insured with the respondent-United India Insurance Company. The petitioners have also exhibited Ex.P-6 = Ex.R-1 Insurance Policy copy, which reveals that a sum of Rs.50/- was paid under Compulsory P.A. for Owner-Driver. The limitations as to use reveals that death and bodily injury in respect of any one accident and damage to third party property in respect of any one claim or series claims arising out of one event of Rs.1,00,000/-. From the said recitals, the Tribunal arrived a conclusion that the deceased Sivakumar was neither the owner-driver nor the passenger. At the time of accident, the owner is the first defendant, who did not travel along with the deceased Sivakumar.

10. Admittedly, the deceased is the husband of the first appellant/claimant and the owner of the vehicle is the first appellant. The Tribunal relied on the judgments in the case of United India Insurance Company Ltd vs. K.Paruvatham [2012 (1) TANMAC 111], in the case of Ningamma and Another vs. United India Insurance Company Ltd [2009 (13) SCC 710], in the case of National Insurance Company Ltd vs. Krishnan [2013 (6) MLJ 520] and in the case of National Insurance Company Ltd vs. Sinitha and Others [2012 (1) MLJ 1164 (SC)].

11. Considering all the abovesaid judgments, the Tribunal arrived a finding that the deceased himself was to be blamed for the accident. The accident did not involve motor vehicle other than one, which he was driving. As the wife of the deceased is the owner of the motor cycle, he and his children stepped into the shoes of the owner. When there is no primary liability on the owner, the insurer cannot be held liable. RW-1 has also deposed that the policy would cover only third parties and owner cum driver. As the policy under P.A. coverage is only applicable to the owner cum driver/first petitioner, who did not ride the motor cycle, the Insurance Company was held as not liable.

12. This Court is of the considered opinion that the Insurance Company is liable to pay compensation in accordance with the terms and conditions of the contract. If there is a coverage in the policy, then alone the Courts can hold the Insurance Comp

Please Login To View The Full Judgment!

any liable and not otherwise. When the policy in the present case is a P.A. Coverage and would not cover the other persons, then the Tribunal has not committed any perversity or infirmity as such in respect of the findings arrived. 13. The Tribunal has considered the documents and the evidences with reference to the facts and the circumstances placed by the respective parties and considered the legal principles, which all are settled in the matter of P.A. Coverages and the liability of the Insurance Company and this being the factum, this Court is of the considered opinion that the present Civil Miscellaneous Appeal deserves no merit consideration. Consequently, the judgment and decree dated 30.01.2015 passed by the learned Sub-Judge, Sub-Court-cum-Motor Accidents Claims Tribunal, Neyveli in MCOP No.2 of 2014 is confirmed and the C.M.A.No.1319 of 2015 stands dismissed. However, there shall be no order as to costs.
O R







Judgements of Similar Parties

06-10-2020 United India Insurance Co. Ltd., Rasipuram & Others Versus Arukkani & Others High Court of Judicature at Madras
06-10-2020 United India Insurance Company Limited, Udumalpet Versus N. Thangavel, & Others High Court of Judicature at Madras
01-10-2020 The Divisional Manager, United India Insurance Co. Ltd., Vellore Versus M. Suresh & Another High Court of Judicature at Madras
28-09-2020 M/s. Shankar Jewels & Others Versus United India Insurance Co. Ltd., Rajasthan & Others National Consumer Disputes Redressal Commission NCDRC
25-09-2020 United India Insurance Co. Ltd., Kumbakonam Versus Natarajan & Others High Court of Judicature at Madras
23-09-2020 Manager, United India Insurance Company Limited, Namakkal Versus Shanmugam & Others High Court of Judicature at Madras
22-09-2020 Elite International Pvt. Ltd., Mumbai Versus United India Insurance Co. Ltd., Chennai & Another National Consumer Disputes Redressal Commission NCDRC
22-09-2020 Bhilai Engineering Corporation Ltd., Through Madhavdas K., Authorised Signatory Bec Nandinin Road Industrial Area, Chhattisgarh Versus United India Insurance Company Ltd. Through Senior Divisional Manager, Chhattisgarh National Consumer Disputes Redressal Commission NCDRC
15-09-2020 United India Insurance Company Ltd., Through The Regional Manager, New Delhi Versus Dinesh Vijay National Consumer Disputes Redressal Commission NCDRC
14-09-2020 United India Insurance Company Ltd., Represented by its Branch Manager, Vellore Versus Krishnaveni & Others High Court of Judicature at Madras
10-09-2020 United India Insurance Company Ltd., Rajasthan Versus M/s. Radhika Oil Industries, Rajasthan National Consumer Disputes Redressal Commission NCDRC
09-09-2020 Pyar Singh Versus Manager, United India Insurance Co. Ltd., Rajasthan & Another National Consumer Disputes Redressal Commission NCDRC
08-09-2020 The United India Insurance Co. Ltd., Chidambaram Versus Emili & Others High Court of Judicature at Madras
07-09-2020 United India Insurance Co. Ltd., Through its Divisional Manager, Osmanpura, Aurangabad Versus Chandrakala & Others In the High Court of Bombay at Aurangabad
03-09-2020 M/s.United India Insurance Company Ltd., Namakkal. Versus Allimuthu @ Sengodan & Another High Court of Judicature at Madras
01-09-2020 M/s. United India Insurance Co. Ltd., Rep. By its Divisional Manager, Arani Versus Raja & Others High Court of Judicature at Madras
27-08-2020 Master Vinay Bharadwaj, Rep. by his Father & Natural Guardian D.R. Shivakumar Versus M/s. United India Insurance Company Limited, Bangalore & Another High Court of Karnataka
25-08-2020 United India Insurance Co. Ltd., Chennai Versus Maragatham & Others High Court of Judicature at Madras
24-08-2020 United Conveyor Corporation (India) Private Limited Versus Pravash Kumar Mukherjee High Court of Judicature at Calcutta
24-08-2020 United India Insurance Co. Ltd., New Delhi Versus Singhla Engineers & Contractors Pvt. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
21-08-2020 United India Insurance Company Limited Versus Narinder Kour & Others High Court of Jammu and Kashmir
14-08-2020 United India Insurance Company Limited, District Raipur & Another Versus Rahi Solanki & Others High Court of Chhattisgarh
06-08-2020 M/s. Perfectpac Ltd., Haryana Versus United India Insurance Company Limited (Through Its Divisional Manager/Branch Manager/ Authrised Signatory) & Others National Consumer Disputes Redressal Commission NCDRC
05-08-2020 The United India Insurance Co. Ltd., Maharasthra State, Represented By Its Deputy Manager, Regional Office, Ernakulam Versus Rijawana Jamshed Mulla & Others High Court of Kerala
04-08-2020 M/s. United India Insurance Co. Ltd., Coimbatore Versus Murugammal & Others High Court of Judicature at Madras
31-07-2020 United India Insurance Co., Ltd., Chennai & Another Versus Suseela Jothi Mary Chennai & Another High Court of Judicature at Madras
31-07-2020 United India Insurance Co., Ltd., Chennai & Another Versus Suseela Jothi Mary Chennai & Another High Court of Judicature at Madras
23-07-2020 The Divisional Manager, M/s. United India Insurance Company Limited, Vellore Versus M. Amavasai & Another High Court of Judicature at Madras
07-07-2020 The Chairman & Managing Director, United India Insurance Co. Ltd., Chennai Versus Rajini & Another High Court of Judicature at Madras
30-06-2020 M/s. United India Insurance Company Limited Versus Md. Khayyumkhan & Others High Court of for the State of Telangana
30-06-2020 Bilsy Joseph, now residing at 3743, Falkner Drive, United States of America, Represented by her Power of Attorney holder (Mother), Rosamma Joseph, Kottayam Versus Registrar of Births & Deaths, Changanassery Muncipality, Kottayam & Others High Court of Kerala
25-06-2020 United India Insurance Co. Ltd. Versus Amar Singh Raghuwanshi National Consumer Disputes Redressal Commission NCDRC
23-06-2020 M/s. Jain Textiles, Ashok Jain Versus United India Insurance Company Ltd. National Consumer Disputes Redressal Commission NCDRC
12-06-2020 M.H. Uma Maheshwari & Others Versus United India Insurance Co. Ltd. & Another Supreme Court of India
04-06-2020 M/s. United India Insurance Company Limited, Chennai Versus N. Prathap & Another High Court of Judicature at Madras
03-06-2020 PUEBLO HOLDINGS LIMITED, Rep. by its authorised signatory Siddhesh Sham Kshirsagar Versus EMIRATES TRADING AGENCY LLC, A company incorporated under the appropriate laws of the United Arab Emirates having its registered office and/or business address at ETA Star House, United Arab Emirates & Others High Court of Judicature at Madras
19-05-2020 United India Insurance Co. Ltd., Pune Regional Office, through its Divisional Office & Others Versus Shriniwas Ramayya Kamtam & Others High Court of Judicature at Bombay
04-05-2020 Geetha & Another Versus State of Kerala, Represented by The Public Prosecutor, High Court of Kerala, Ernakulam & Another High Court of Kerala
30-04-2020 United Nurses Association, Through Its State President Shoby Joseph, Thrissur Versus Union Of India, Represented By The Secretary, New Delhi & Another High Court of Kerala
15-04-2020 United Nurses Association Through Its President Versus Union of India & Others Supreme Court of India
23-03-2020 Jithin, Malappuram, Represented by his Power of Attorney holder, Geetha Versus Reshma & Another High Court of Kerala
18-03-2020 United India Insurance Company Limited Versus Mora Devi High Court of Rajasthan Jodhpur Bench
12-03-2020 United India Insurance Co. Ltd., Tiruppur Versus Kaveriammal & Others High Court of Judicature at Madras
11-03-2020 S. Mahadevan Versus The General Manager, (Appellate Authority) Personnel Department, United India Insurance Company Ltd., Chennai High Court of Judicature at Madras
11-03-2020 Agrocel Industries Pvt. Ltd. Versus United India Insurance Company Ltd. High Court of Judicature at Bombay
11-03-2020 M/s. United India Insurance Co. Ltd., Div. Office- I, Secunderabad Versus Syed Mohd. Rayees & Another High Court of for the State of Telangana
09-03-2020 P. Geetha Padmini Versus State of Kerala, Represented by The Secretary To Government, Taxes Department, Govt. Secretariat, Thiruvananthapuram & Others High Court of Kerala
05-03-2020 United India Insurance Co. Ltd., Chennai Versus B. Sudha & Others High Court of Judicature at Madras
04-03-2020 Nirmala Kothari Versus United India Insurance Co. Ltd. Supreme Court of India
03-03-2020 United India Insurance Company Limited Versus Yechuri Nirmala & Others High Court of for the State of Telangana
03-03-2020 United Bank of India, West Bengal Versus Ranjan Basu & Others National Consumer Disputes Redressal Commission NCDRC
20-02-2020 United India Insurance Co. Ltd. Motor TP Claims Hub, Represented by its Manager Versus T. Thimmanna & Others High Court of Karnataka
20-02-2020 S. Senguttuvel & Others Versus The Branch Manager, United India Insurance Co., Ltd., Salem & Others High Court of Judicature at Madras
19-02-2020 Geetha Pharma, Represented by its Managing Partner, K.K. Rajagopal Versus Deputy Commissioner of Income Tax, Salem & Another High Court of Judicature at Madras
18-02-2020 Divisional Manager, United India Insurance Co. Ltd., Vellore V/S Rani & Another High Court of Judicature at Madras
14-02-2020 M/s. Baspa Organics Limited V/S United India Insurance Company Limited Supreme Court of India
14-02-2020 M/s.MGK Trading House, Rep. by its Managing Partner, Geetha, Arumbakkam Versus M/s. Orissa Stevedores Limited, Mannady & Another High Court of Judicature at Madras
12-02-2020 The United Goans Foundation, through its Secretary Avinash Tavares Versus The State of Goa through its Chief Secretary, Secretariat & Others In the High Court of Bombay at Goa
10-02-2020 United Bank of India V/S Ashok Kumar Kalra and Others. Debts Recovery Tribunal Delhi
10-02-2020 United India Insurance Co. Ltd. & Another Versus C. Meenakshi & Others High Court of Judicature at Madras
06-02-2020 Canara Bank Versus M/s. United India Insurance Co. Ltd. & Others Supreme Court of India
06-02-2020 Rakesh Chandra Savita Versus United India Insurance Company Limited, Through Divisional Manager & Another Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
06-02-2020 M/s. United India Insurance Co. Ltd., Basheerbagh, Hyderabad Versus Syed Rehmath Ali & Others High Court of for the State of Telangana
05-02-2020 United India Insurance Company Ltd. Versus Md Nur Mohamed High Court of Gauhati
03-02-2020 Rajesh Narula Versus United India Insurance Co. Ltd. Through Branch Manager Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
31-01-2020 The Divisional Manager, United India Insurance Company Limited, Cuddalore Versus Purushothaman (died) & Others High Court of Judicature at Madras
31-01-2020 Shyam Manohar Harit Versus CPIO United India Insurance Company Ltd. Central Information Commission
31-01-2020 The Manager, United India Insurance Company Ltd., Chennai Versus C. Kavitha & Others High Court of Judicature at Madras
31-01-2020 The Divisional Manager, United India Insurance Co. Ltd, Madurai. Versus Muthammal & Others High Court of Judicature at Madras
31-01-2020 B. Alphonse Legori Versus CPIO /Manager United India Insurance Company Ltd. Central Information Commission
30-01-2020 The Divisional Manager, United India Insurance Co. Ltd., Hosur & Another Versus Vediyappan & Others High Court of Judicature at Madras
28-01-2020 United India Insurance Co. Ltd. Rep. by its Deputy General Manager Versus D. Sunderarajan High Court of Judicature at Madras
27-01-2020 United Mine Workers Union Through Shri Puti Gaonkar General Secretary Versus Union of India, Through Secretary, (Ministry of Labour and Employment) & Another In the High Court of Bombay at Goa
25-01-2020 United India Insurance Company Limited Versus Bhilai Engineering Corporation Ltd. Chhatisgarh State Consumer Disputes Redressal Commission Raipur
23-01-2020 United India Insurance Co. Ltd., Gujarat Versus Mukesh Parikh & Another National Consumer Disputes Redressal Commission NCDRC
23-01-2020 United India Insurance Co. Ltd., Gujarat Versus Mukesh Parikh Another National Consumer Disputes Redressal Commission NCDRC
23-01-2020 Mukesh Parikh & Another Versus United India Insurance Co. Ltd., Tamil Nadu National Consumer Disputes Redressal Commission NCDRC
23-01-2020 Prashant Versus United India Insurance Co. Ltd., Maharashtra National Consumer Disputes Redressal Commission NCDRC
23-01-2020 Prashant Versus United India Insurance Co. Ltd. Through Its Assistant Manager Authorised Signatory, Maharashtra National Consumer Disputes Redressal Commission NCDRC
22-01-2020 M/s United India Insurance Company Limited, Tadepallygudem Versus V. Narahari Sharma & Another High Court of for the State of Telangana
21-01-2020 M/s. BCPL Railway Infrastructure Ltd. Versus The Manager, United India Insurance Co. Ltd. West Bengal State Consumer Disputes Redressal Commission Kolkata
20-01-2020 Shri Gas Service Versus United India Insurance Co. & Others National Consumer Disputes Redressal Commission NCDRC
18-01-2020 Amrita Sarkar (Ghosh) & Another Versus United Bank of India & Another Tripura State Consumer Disputes Redressal Commission Agartala
17-01-2020 Sangrur Sales Corporation Versus United India Insurance Company Limited & Another Supreme Court of India
10-01-2020 United India Insurance Co. Ltd., New Delhi Versus Urmila Agarwal & Others National Consumer Disputes Redressal Commission NCDRC
09-01-2020 United India Insurance Co. Ltd. Versus Shindutai Wasudeorao Thakare & Others In the High Court of Bombay at Nagpur
09-01-2020 United India Insurance Co. Ltd. Versus Tila Kumari Giri & Others High Court of Punjab and Haryana
08-01-2020 Sunita Bhalla Versus United Inida Insurance Co Ltd. National Consumer Disputes Redressal Commission NCDRC
08-01-2020 United India Insurance Co. Ltd. Versus Reshma & Others High Court of Delhi
07-01-2020 United India Insurance Co. Ltd. Versus Gopal Agencies National Consumer Disputes Redressal Commission NCDRC
07-01-2020 United India Insurance Co Ltd. Versus Sandeep Kumar Bubna National Consumer Disputes Redressal Commission NCDRC
07-01-2020 United India Insurance Co Ltd. Versus Sandeep Kumar Bubna Maharashtra State Consumer Disputes Redressal Commission Mumbai
07-01-2020 United Indian Insurance Company Limited, Through its Branch Manager Versus Ujwala Salgonkar & Others In the High Court of Bombay at Goa
07-01-2020 Ramkhiladi & Another Versus The United India Insurance Company & Another Supreme Court of India
07-01-2020 The Branch Manager, United India Insurance Company Limited, Ramanathapuram Versus T. Saravanan & Another Before the Madurai Bench of Madras High Court
03-01-2020 Nalini Bala Cold Storage Private Limited and Others. V/S United Bank of India and Others. Debts Recovery Tribunal Kolkata
03-01-2020 Ajit Singh Versus United India Insurance Company Limited, Haryana & Others National Consumer Disputes Redressal Commission NCDRC
30-12-2019 G. Geetha Versus The State Election Commission, Rep. by its Election Commissioner, Inner Ring Road, Chennai & Others High Court of Judicature at Madras
20-12-2019 Global United Shipping India Private Limited, (formerly known as Jalhansa Enterprises Pvt. Ltd.), Represented by its Director, Prem Kumar Menon, Chennai Versus Traffic Manager, Chennai Port Trust, Chennai High Court of Judicature at Madras
20-12-2019 M/s. D.M. Silks, Rep. by its Proprietrix, S. Geetha & Another Versus The Authorised Officer, Tamil Nadu Mercantile Bank Ltd., Kancheepuram & Another High Court of Judicature at Madras