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



The National Insurance Company Ltd., Divisional Office II, Salem v/s . Raja & Others


Company & Directors' Information:- NATIONAL INSURANCE COMPANY LIMITED [Active] CIN = U10200WB1906GOI001713

Company & Directors' Information:- RAJA INDIA PRIVATE LIMITED [Active] CIN = U99999DL1997PTC084258

Company & Directors' Information:- NATIONAL CO LTD [Strike Off] CIN = U51909WB1917PLC002781

Company & Directors' Information:- NATIONAL CORPORATION PVT LTD [Not available for efiling] CIN = U51909PB1942PTC000480

Company & Directors' Information:- I.N. INSURANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U67200DL1994PTC062554

Company & Directors' Information:- INSURANCE OF INDIA LTD [Strike Off] CIN = U67200WB1936PLC008634

Company & Directors' Information:- K SALEM LIMITED [Dissolved] CIN = U99999MH1947PTC005530

    C.M.A. No. 152 of 2012 & M.P. No. 1 of 2012

    Decided On, 01 August 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE C. SARAVANAN

    For the Appellant: D, BHaskaran, Advocate. For the Respondents: R1 & R2, No appearance R3 & R4, Given up.



Judgment Text


(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award and Decree in M.C.O.P.No.829 of 2005, dated 28.03.2011, on the file of the Motor Accidents Claims Tribunal (Additional District Judge/Fast Track Court No.I), Salem.)

(Through Video Conferencing)

1. With the consent, this appeal is taken up for final disposal. The appellant Insurance Company is the appellant and it is aggrieved by the impugned Judgment and Decree dated 28.03.2011 passed by the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court No.I, Salem) in M.C.O.P.No.829 of 2005.

2. By the impugned Judgment and Decree, the Tribunal has awarded a sum of Rs.19,220/- together with interest at 7.5% per annum from the date of filing of the claim petition, till the date of deposit, to the 1st respondent/claimant.

3. The main ground on which in this appeal has filed is that, the policy does not cover the liability for a gratuitous passenger considering the fact that the vehicle did not have adequate seating capacity.

4. It is submitted that the Tribunal ought to have followed the Judgment of the Hon'ble Supreme Court in the case of United India Insurance Company Vs Suresh K.K. & another, 2008 ACJ 1741 and Judgment of this Hon'ble Court in CMA No.2919 of 2007 in the case of the National Insurance Company Limited, Gopichettipalayam Vs Gurusamy & 2 others.

5. The appellant Insurance Company also drew my attention to the decision of this Court rendered C.M.A.Nos.2515 to 2517 of 2016 rendered on 14.12.2018 arising out of the same accident, wherein, the appeal filed by the other claimants who travelled in the same vehicle was rejected. The Tribunal had directed the owner of the vehicle to pay compensation directly. In the aforesaid case, in paragraph (8), the Court in C.M.A.Nos.2515 to 2517 of 2006 has held as follows:-

“8. The learned counsel appearing for the respondents 2 and 4 has contended that the policy taken by the 1st respondent is only Act policy and she has insured the vehicle for 3rd party claim and paid premium to cover driver and only one employee. One of the injured claimant viz., Raja filed M.C.O.P.No.829 of 2005 on the file of the Fast Track Court No.I, Salem and the Tribunal by the award dated 28.03.2011, held that the driver of the tractor trailer belonging to the 3rd respondent and insured with the 4th respondent is not responsible for the accident and therefore, the Tribunal has rightly dismissed the claim petition against the respondents 2 to 4. In view of the said award, the 2nd respondent is not liable to pay any compensation to the claimants and prayed for dismissal of the appeals.”

Since the vehicle covers the liability for one passenger. I do not find any merits in the present appeal.

6. It is noticed that the owner of the insured vehicle had paid premium of Rs.25/- to cover the risk of the driver apart from the third party. In my view, since the first respondent/claimant was employed as an employee and since others who travelled had been held be gratuitous passengers, the Judgment of the Tribunal holding Insurance Company liable is to be upheld.

7. If the amount of compensation awarded by the Tribunal has not been deposited by the appellant Insurance Company, it is directed to deposit the same together with interest at 7.5% per annum from the date of filing of the claim petition till the date of such deposit, less the amount already deposited if any, within a period of six weeks from the date of receipt of the copy of this Judgment.

8. On such deposi

Please Login To View The Full Judgment!

t, the first respondent/claimant is entitled to withdraw his share together with interest as directed by the Tribunal, by filing suitable application before Tribunal, if the award amount has not been already withdrawn by him as per the impugned Judgment and Decree. 9. Accordingly, this Civil Miscellaneous Appeal is dismissed. No cost. Consequently, connected Miscellaneous petition is closed.
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
29-09-2020 National Highways Authority of India Versus Sahakar Global Limited High Court of Delhi
29-09-2020 Oriental Insurance Co. Ltd., Raipur Versus Brahmanand Javvadi National Consumer Disputes Redressal Commission NCDRC
29-09-2020 Mangala & Others Versus National Insurance Company Limited, (Ori. Respondent) Through its Manager In the High Court of Bombay at Nagpur
29-09-2020 National Insurance Co. Ltd. Versus Yuraj Yadu Sawant & Others In the High Court of Bombay at Goa
29-09-2020 National Insurance Co. Ltd. Versus Yuraj Yadu Sawant & Others In the High Court of Bombay at Goa
28-09-2020 M/s. Shankar Jewels & Others Versus United India Insurance Co. Ltd., Rajasthan & Others National Consumer Disputes Redressal Commission NCDRC
28-09-2020 M/s. Tata Aig General Insurance Co. Ltd., Maharashtra Versus T. Paul Raj National Consumer Disputes Redressal Commission NCDRC
28-09-2020 National Insurance Co. Ltd., Divisional Office, Panaji, Goa, Now Represented by its Regional Manager, Bengaluru Versus Imran Khan & Others High Court of Karnataka
28-09-2020 The Managing Director, KSRTC, Central Offices, Represented by its Divisional Controller, Mangaluru Versus National Insurance Co. Ltd. & Another High Court of Karnataka
25-09-2020 Reliance General Insurance Company Ltd., Madurai Versus Tamilarasan & Others High Court of Judicature at Madras
25-09-2020 United India Insurance Co. Ltd., Kumbakonam Versus Natarajan & Others High Court of Judicature at Madras
23-09-2020 Shriram General Insurance Co. Ltd., Rajasthan Versus Nirmala Devi & Another National Consumer Disputes Redressal Commission NCDRC
23-09-2020 Charu Sharma & Others Versus Birla Sun Life Insurance Company Ltd., Maharshtra & Others National Consumer Disputes Redressal Commission NCDRC
23-09-2020 Manager, United India Insurance Company Limited, Namakkal Versus Shanmugam & Others High Court of Judicature at Madras
22-09-2020 National Alliance For People's Movements & Others Versus The State of Maharashtra & Others Supreme Court of India
22-09-2020 Hindustan Construction Co. Ltd. Versus National Hydro Electric Power Corporation Ltd. High Court of Delhi
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 The Oriental Insurance Co. Ltd. Through- Its Divisional Manager, Chhattisgarh Versus Vivek Giri & Another High Court of Chhattisgarh
22-09-2020 The Oriental Insurance Co. Ltd. Through- Its Divisional Manager, Chhattisgarh Versus Vivek Giri & Another High Court of Chhattisgarh
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
21-09-2020 Branch Manager, National Insurance Co. Ltd., Chitradurga & Others Versus D. Mallappa & Another High Court of Karnataka
21-09-2020 Rakesh Kumar Agarwalla & Another Versus National Law School of India University, Bengaluru & Others Supreme Court of India
21-09-2020 Oriental Insurance Co. Ltd., New Delhi Versus M/s. Guptasons Jewellers & Gems Pvt. Ltd., New Delhi National Consumer Disputes Redressal Commission NCDRC
21-09-2020 The Oriental Insurance Co. Ltd. Coimbatore & Another Versus N. Dhanalakshmi & Others High Court of Judicature at Madras
19-09-2020 National Investigation Agency Chikoti Garden, Begumpet, Hyderabad, Rep. by A.G. Kaiser Versus Vinay Talekar & Others In the High Court of Bombay at Goa
18-09-2020 Heinz India Private Limited Versus National Insurance Company Limited & Another National Consumer Disputes Redressal Commission NCDRC
17-09-2020 M/s. A.G. Neuro Hospitals (P) Ltd., through its Managing Director Dr. P. Sundararajan Salem Versus The Inspector General of Registration & Chief Controller of Revenue Authority, Chennai & Others Before the Madurai Bench of Madras High Court
16-09-2020 Manager [Legal], Reliance General Insurance Company, Chennai Versus Jeya & Others Before the Madurai Bench of Madras High Court
15-09-2020 United India Insurance Company Ltd., Through The Regional Manager, New Delhi Versus Dinesh Vijay National Consumer Disputes Redressal Commission NCDRC
15-09-2020 Sonu @ Raja Versus State High Court of Delhi
15-09-2020 The Oriental Insurance Company Limited, Bengaluru Versus Vishwanatha & Another High Court of Karnataka
14-09-2020 United India Insurance Company Ltd., Represented by its Branch Manager, Vellore Versus Krishnaveni & Others High Court of Judicature at Madras
11-09-2020 The Branch Manager, National Insurance Company Ltd, Puducherry Versus Ulagaratchagan & Another 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
09-09-2020 Shreyas Sinha Versus The West Bengal National University Of Juridical Sciences & Others Supreme Court of India
09-09-2020 Oriental College of Teacher Education, Represented by Its Manager, Calicut Versus The Regional Director, National Council for Teacher Education, New Delhi High Court of Kerala
08-09-2020 S.P. Raja Versus The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli & Another Before the Madurai Bench of Madras High Court
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
04-09-2020 Kaliyappan Versus State Represented by The Inspector of Police, Salem High Court of Judicature at Madras
04-09-2020 Tata AIG General Insurance Company Limited Through Its Manager, Maharashtra Versus Banshiram Bishnoi National Consumer Disputes Redressal Commission NCDRC
03-09-2020 National Insurance Company Limited, Raipur Versus Khorin Bai Sori & Others High Court of Chhattisgarh
03-09-2020 National Insurance Company Limited, Raipur Versus Khorin Bai Sori & Others High Court of Chhattisgarh
03-09-2020 M/s.United India Insurance Company Ltd., Namakkal. Versus Allimuthu @ Sengodan & Another High Court of Judicature at Madras
02-09-2020 Diwan Chand Goyal Versus National Capital Region Transport Corporation & Another High Court of Delhi
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
01-09-2020 Indian National Trust For Art and Cultural Heritage (INTACH) Patna Chapter, through its Convener Sri Jatindra Kumar Lall, Patna, Bihar Versus The State of Bihar Through the Chief Secretary, Patna, Bihar & Others High Court of Judicature at Patna
01-09-2020 National Insurance Company Limited Versus Ashwani Kumari & Others High Court of Jammu and Kashmir
31-08-2020 Royal Sundaram Alliance Insurance Co. Ltd., Sundaram Towers, Chennai Versus Manickam & Others High Court of Judicature at Madras
31-08-2020 Royal Sundaram Alliance Insurance Co. Ltd., Sundaram Towers, Chennai Versus Manickam & Others High Court of Judicature at Madras
27-08-2020 IRB Ahmedabad Vadodara Super Express Tollway Private Limited Versus National Highways Authority of India High Court of Delhi
27-08-2020 Shriram General Insurance Co.Ltd., E.B.RIICO Industrial Area, Rajasthan Versus Chinnaraj & Others High Court of Judicature at Madras
27-08-2020 National Highway Authority of India Versus Securities & Exchange Board of India SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
27-08-2020 Hindustan Construction Co. Ltd. Versus National Hydro Electric Power Corporation Ltd. High Court of Delhi
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
26-08-2020 Oriental Insurance Company Limited Versus Nand Kishore Sharma & Others High Court of Jammu and Kashmir
25-08-2020 United India Insurance Co. Ltd., Chennai Versus Maragatham & Others High Court of Judicature at Madras
25-08-2020 K. Kalaimani Versus State Represented by The Inspector of Police, Vigilance & Anti Corruption, Salem Before the Madurai Bench of Madras High Court
25-08-2020 Branch Manager, National Insurance Company Ltd., Chhattisgarh Versus Indra Bai & Others High Court of Chhattisgarh
24-08-2020 M/s. Narmada Enterprises Through Its Proprietor Pramod Gendre, Chhattisgarh Versus Punjab National Bank Through Its Chief Manager, Chhattisgarh & Others High Court of Chhattisgarh
24-08-2020 Sanjay Khandelwal Versus Tata AIG General Insurance Co. Ltd., Mumbai National Consumer Disputes Redressal Commission NCDRC
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 M/s. Iffco Tokio General Insurance Co. Ltd., Chennai Versus Parvathi & Others High Court of Judicature at Madras
21-08-2020 United India Insurance Company Limited Versus Narinder Kour & Others High Court of Jammu and Kashmir
19-08-2020 Shriram General Insurance Co. Ltd. Through Constituent Attorney, Rajasthan Versus Baldev Singh National Consumer Disputes Redressal Commission NCDRC
19-08-2020 Vijay Cotton & Fibre Co., Maharashtra Versus New India Insurance Company Ltd., Maharashtra & Others National Consumer Disputes Redressal Commission NCDRC
18-08-2020 M/s. Reliance General Insurance Company Limited, Tirupur Versus S. Veeramani & Others High Court of Judicature at Madras
18-08-2020 Bajaj Allianz General Insurance Co. Ltd., New Delhi Versus Astha Cement Pvt. Ltd. National Consumer Disputes Redressal Commission NCDRC
17-08-2020 Branch Manager, Reliance Nippon Life Insurance Co. Ltd., (Formerly Known As Reliance Life Insurance Co. Ltd.), Madhya Pradesh & Another Versus Lekhram Avadhiya National Consumer Disputes Redressal Commission NCDRC
17-08-2020 National Urban Cooperative Bank Ltd., Uttar Pardesh & Another Versus M/s. Khandelwal Rubber Products Pvt. Ltd., Uttar Pradesh & Another National Consumer Disputes Redressal Commission NCDRC
14-08-2020 United India Insurance Company Limited, District Raipur & Another Versus Rahi Solanki & Others High Court of Chhattisgarh
13-08-2020 S. Chinna Gounder, Member, Sree Sastha Nagar Manai Nila, Sondakkaragal Sangam, Versus S. Bala Sundaram, Secretary, Salem & Another High Court of Judicature at Madras
07-08-2020 The Divisional Manager, M/s. National Insurance Co. Ltd., Vellore Versus Paneerselvam & Others High Court of Judicature at Madras
07-08-2020 National Insurance Company Ltd., Third Floor, No.751, Anna Salai, Chennai Versus Vijaya & Others High Court of Judicature at Madras
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
06-08-2020 The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Regional Office, Dharmapuri Versus K. Mahendiran High Court of Judicature at Madras
06-08-2020 The Branch Manager, M/s Oriental Insurance Company Ltd., Kodungallur Versus M.M. Jose Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
06-08-2020 Shriram General Insurance Co. Ltd., Rajasthan Versus Kailash Chand Sharma 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 Kaizen Organics Pvt. Ltd., Jaipur Versus National Insurance Co. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
04-08-2020 GMR Hyderabad Vijayawada Expressways Pvt. Ltd. & Another Versus National Highways Authority of India & Another High Court of Delhi
04-08-2020 P. Anil Kumar @ Chempazhanthi Anil & Others Versus The Indian Red Cross Society, Represented by Its Secretary General, National IRCS, New Delhi & Others High Court of Kerala
04-08-2020 Birla Sun Life Insurance Co. Ltd. & Now Known As Aditiya Birla Sun Life Insurance Co. Ltd.), Maharashtra & Another Versus Narendra Pundlik Ramteke National Consumer Disputes Redressal Commission NCDRC
04-08-2020 M/s. United India Insurance Co. Ltd., Coimbatore Versus Murugammal & Others High Court of Judicature at Madras
31-07-2020 S. Palanivel Versus The Deputy Commissioner of Labour, Salem & Others High Court of Judicature at Madras
31-07-2020 National Insurance Co. Ltd. Through Rajesh Kumar Dy. Manager, New Delhi Versus Biking Food Products (P) Ltd., Telangana National Consumer Disputes Redressal Commission NCDRC
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
28-07-2020 Dr. Uma Suresh Versus The Authorised Officer, The National Co-Operative Bank Ltd., Bangalore & Others High Court of Karnataka
28-07-2020 M/s. Royal Sundaram Alliance General Insurance Co.Ltd., Rep.by its Branch Manager, Cantonment Versus Kaanikkaimery & Others High Court of Judicature at Madras
27-07-2020 Punjab National Bank, Guwahati Versus Madhab Kumar Das & Another & Others High Court of Gauhati
27-07-2020 Tata AIG Life Insurance Co. Ltd., Maharashtra Versus Mampi Dhar (Gosh) & Another National Consumer Disputes Redressal Commission NCDRC
27-07-2020 IFFCO Tokio General Insurance Co. Ltd., Maharashtra Versus Ashok Laxman Mane & Others National Consumer Disputes Redressal Commission NCDRC
27-07-2020 Oriental Insurance Co. Ltd. Through Its Duly Constituted Attorney, Oriental Insurance Co. Ltd., New Delhi Versus Vikash Kumar National Consumer Disputes Redressal Commission NCDRC
24-07-2020 Gurbax Singh Banga Versus Aviva Life Insurance Co. India Pvt. Ltd., Punjab & Others National Consumer Disputes Redressal Commission NCDRC
24-07-2020 National Insurance Company Limited Through Its Duly Constituted Attorney Manager, New Delhi Versus M/s. D.D Spinners Pvt. Ltd., Panipat National Consumer Disputes Redressal Commission NCDRC
24-07-2020 M. Anees Ahmed Versus Raja High Court of Judicature at Madras
23-07-2020 Bajaj Allianz General Insurance Co. Ltd., through its Authorized signatory, Pravin Prabhakar Prabhu Versus Kameshwari Rajendra Sabnis & Others In the High Court of Bombay at Goa