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



The Divisional Manager, United India Insurance Company Limited, Cuddalore v/s Purushothaman (died) & Others


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:- UNITED CORPORATION LIMITED [Liquidated] CIN = U99999TN1942PLC003159

    C.M.A. No. 282 of 2020 & C.M.P. No. 1941 of 2020

    Decided On, 31 January 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MS. JUSTICE V.M. VELUMANI

    For the Appellant: D. Bhaskaran, Advocate. For the Respondents: -----



Judgment Text


(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the award and Decree dated 30.09.2013 made in M.C.O.P.No.1851 of 2003 on the file of the Motor Accidents Claims Tribunal, I Additional District Court, Cuddalore.)

1. This Civil Miscellaneous Appeal has been filed against the award dated 30.09.2013 made in M.C.O.P.No.1851 of 2003 on the file of the Motor Accidents Claims Tribunal, I Additional District Court, Cuddalore.

2. The appellant is the second respondent in M.C.O.P.No.1851 of 2003 on the file of the Motor Accidents Claims Tribunal, I Additional District Court, Cuddalore. One Purushothaman, the first claimant filed the said claim petition claiming compensation for the injuries sustained by him in the accident that took place on 16.02.2003, against the 5th respondent and appellant/Insurance Company, being the owner and insurer of the motorcycle.

3 .According to 1st claimant, said Purushothaman, on 16.02.2003 at about 09.50 A.M., while he was riding in his motorcycle bearing Registration No.TAZ 0915 on Sirupakkam – Salem Main Road near Paddaimaatri Valaivu, the rider of the motorcycle bearing Registration No. TN 32 W 7371 belonging to 5th respondent came in a rash and negligent manner from the opposite direction without blowing horn, hit against the deceased and caused the accident. Due to the said accident, the said Purushothaman, the 1st claimant sustained grievous injuries all over the body and immediately he was taken to Government Hospital, Vriddhachalam and then subsequently taken to Government Head Quarters Hospital, Cuddalore and later he was taken to Aravind Eye Hospital at Madurai. He filed claim petition claiming compensation for the injuries. Pending claim petition, the said Purushothaman died on 29.04.2004. Therefore, the respondents 1 to 4, who are the legal heirs of the deceased Purushothaman were impleaded as legal heirs of the deceased Purushothaman as per the order dated 12.04.2005 made in I.A.No.1382 of 2005 and amended the claim petition claiming a sum of Rs.7,00,000/- for the death of the said Purushothaman by the order dated 23.11.2005 made in I.A.No.2460 of 2005.

4. The 5th respondent / owner of the motorcycle remained exparte before the Tribunal.

5. The appellant/Insurance Company filed counter statement and denied all the averments made by the respondents 1 to 4/claimants. According to appellant/Insurance Company, the rider of the motorcycle bearing Registration No. TN 32 W 7371 was not having valid driving license at the time of accident and the owner of the said motorcycle has not insured the said motorcycle with the appellant. The rider of the motorcycle belonging to the 5th respondent drove the same at a moderate speed observing all the traffic rules, the deceased only drove his motorcycle bearing Registration No.TAZ 0915 at a high speed and dashed against the 5th respondent's motorcycle and invited the accident. The accident occurred only due to negligent act of the deceased. Therefore, the appellant/Insurance Company is not liable to pay any compensation to the first claimant. The deceased was not having valid driving license at the time of accident. The appellant/Insurance Company denied that the deceased was aged 40 years and was working as Police Head Constable and was earning a sum of Rs.7,000/- per month. In any event, the quantum of compensation of Rs.7,00,000/- claimed by the claimants is highly excessive and prayed for dismissal of the claim petition.

6. Before the Tribunal, on behalf of the respondents 1 to 4/claimants, the first respondent examined herself as P.W.1 and one K.Sivakumar, eyewitness as P.W.2 and eleven documents were marked as Exs.P1 to P11. The 5th respondent and appellant/Insurance Company did not let in any oral or documentary evidence.

7. The Tribunal, considering the pleadings, oral and documentary evidence let in by respondents 1 to 4, held that the accident occurred due to rash and negligent riding by the rider of the motorcycle belonging to the 5th respondent and directed the appellant-Insurance Company, being the insurer of the motorcycle to pay a sum of Rs.7,98,000/- as compensation to the respondents 1 to 4/claimants 2 to 5.

8. Challenging the said award dated 30.09.2013 made in M.C.O.P.No.1851 of 2003, the appellant-Insurance Company has come out with the present appeal.

9. The learned counsel appearing for the appellant/Insurance Company contended that the Tribunal failed to note that respondents 1 to 4/claimants 2 to 5 did not prove that the said Purushothaman, the 1st claimant died due to the injuries sustained by him in the accident. The respondents 1 to 4 did not examine any Doctor or produced any medical records to prove the proximity of the injury sustained in the accident and death pending claim petition. The Tribunal failed to see tht the 1st claimant after taking initial treatment after the accident did not take any continuous treatment and respondents 1 to 4 have not produced any document to prove that 1st claimant was taking continuous treatment. No postmortem was conducted and no proof was filed for cause of death. The Tribunal failed to note that respondents 1 to 4 are entitled to only compensation for loss of estate. The amount of Rs.7,98,000/- awarded by the Tribunal as compensation to the respondents 1 to 4 is excessive and prayed for allowing of the appeal and dismissal of the claim petition.

10. Heard the learned counsel appearing for the appellant-Insurance Company and perused the entire materials on record.

11. It is the contention of the respondents 1 to 4 that the accident occurred due to the rash and negligent riding by the driver of the motorcycle belonging to the 5th respondent and marked Ex.P1/F.I.R., which was registered against the rider of the motorcycle. The 1st respondent, wife of the deceased examined herself as P.W.1 and examined P.W.2/eyewitness to prove their contention. Ex.P4/copy of Accident Register proves that the deceased sustained one grievous injury and four simple injuries. He took treatment for the injuries and filed claim petition claiming compensation for the injuries sustained by him. Pending claim petition, the 1st claimant died. The respondents 1 to 4 got themselves impleaded as claimants 2 to 5 contending that due to the injuries sustained in the accident, the 1st claimant died inspite of treatment. The respondents 1 to 4 claimed a sum of Rs.7,00,000/- for loss of income, loss of consortium, loss of love and affection, transportation expenses and funeral expenses by filing I.A.No.2460 of 2005 to amend the claim petition and the said I.A.No.2460 of 2005 was ordered on 23.11.2005. After amendment, the appellant-Insurance Company has not filed any counter statement denying the contention of respondents 1 to 4 that 1st claimant died due to the injuries sustained by him in the accident. Before the Tribunal, the 1st respondent examined herself as P.W.1 and deposed about the nature of accident and reason for the death of the 1st claimant. The appellant-Insurance Company has not let in any oral and documentary evidence.

12. The Tribunal considering the pleadings, oral and documents let in by the respondents 1 to 4 and that there is no contra evidence on the side of the appellant-Insurance Company, held that respondents 1 to 4 are entitled to compensation for loss of income and awarded a sum of Rs.7,98,000/- as compensation to the respondents 1 to 4. There is no error in the reasoning of the Tribunal warranting interference by this Court.

13. In the result, this Civil Miscellaneous Appeal is dismissed and sum of Rs.7,98,000/- awarded by the Tribunal as compensation to the respondents 1 to 4/claimants, along with interest and costs is confirmed. The appellant- Insurance Company is directed to deposit the award amount along with interest and costs, less the amount already deposited, if any, within a period of six weeks fro

Please Login To View The Full Judgment!

m the date of receipt of a copy of this judgment to the credit of M.C.O.P.No.1851 of 2003 on the file of the Motor Accidents Claims Tribunal, I Additional District Court, Cuddalore. On such deposit, the respondents 1 and 4 are permitted to withdraw their respective share of the award amount, along with proportionate interest and costs, after adjusting the amount, if any already withdrawn, by filing necessary applications before the Tribunal. The share of the minor respondents 2 and 3 is directed to be deposited in any one of the Nationalized Bank, till the minor respondents 2 and 3 attains majority. On such deposit, the 1st respondent, being the mother of the minor respondents 2 and 3 is permitted to withdraw the accrued interest, once in three months, for the welfare of the minor respondents 2 and 3. Consequently, connected Miscellaneous Petition is closed. No costs.
O R







Judgements of Similar Parties

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 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
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
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
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
02-03-2020 Geetha & Others Versus United India Insurance Company Limited, Neyveli High Court of Judicature at Madras
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
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
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 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 Indian Insurance Company Limited, Through its Branch Manager Versus Ujwala Salgonkar & Others In the High Court of Bombay at Goa
07-01-2020 United India Insurance Co Ltd. Versus Sandeep Kumar Bubna Maharashtra State Consumer Disputes Redressal Commission Mumbai
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
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
19-12-2019 The Branch Manager, United India Insurance Co. Limited, Rep. The Divisional Manager, Raichur Versus Mallamma & Others High Court of Karnataka Circuit Bench At Dharwad
18-12-2019 M/s. United India Insurance Co. Ltd. V/S M/s. Tarapore & Co., Represented by Partner N. Radhakrishnan High Court of Judicature at Madras
18-12-2019 United India Insurance Company Ltd. Versus Raj Kumari & Others High Court of Punjab and Haryana
17-12-2019 United India Insurance Company Limited & Others Versus Kunti Binod Pande & Others High Court of Judicature at Bombay
12-12-2019 Dincy Devassy Versus United India Insurance Co. & Others High Court of Delhi
06-12-2019 United India Insurance Co. Ltd., Tiruppur V/S Arundhati Ghoshal & Others High Court of Judicature at Madras
06-12-2019 United India Insurance Co. Ltd. & Another Versus M.M. Hamza Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
29-11-2019 M/s. United India Insurance Co. Limited, rep. by its Branch Manager Versus Bagili Mallesham & Another High Court of for the State of Telangana
27-11-2019 The United India Insurance Co. Ltd. Versus Rameshrao Bapuraoji Gulhane & Others In the High Court of Bombay at Nagpur
26-11-2019 United India Insurance Company Ltd. Versus Ravindra & Others In the High Court of Bombay at Aurangabad