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



United India Insurance Co. Ltd., Tiruppur v/s Kaveriammal & Others


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:- UNITED CORPORATION LIMITED [Liquidated] CIN = U99999TN1942PLC003159

    C.M.A. No. 1083 of 2015 & M.P. No. 1 of 2015

    Decided On, 12 March 2020

    At, High Court of Judicature at Madras

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

    For the Appellant: S. Arun Kumar, Advocate. For the Respondents: R1 to R4, No Appearance.



Judgment Text


(Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the Award and decree dated 09.10.2014 passed in M.C.O.P.No.162 of 2009 on the file of the learned Sub Judge, Sub Court-cum-Motor Accidents Claims Tribunal, Mettur.)

1. The present Civil Miscellaneous Appeal is directed against the judgment and decree dated 09.10.2014 passed by the learned Sub Judge, Sub Court-cum-Motor Accidents Claims Tribunal, Mettur in MCOP No.162 of 2009.

2. The alleged accident occurred on 17.09.2009 at about 09.00 P.M., at Dharapuram to Tiruppur Road, Suria Nallur, near Ramanathapuram Bridge, Kundadam Police limit, Tiruppur District. Kundadam Police Station registered a case in Crime No.314 of 2009.

3. The facts reveals that it is case of hit and run and the deceased admittedly was riding a two wheeler TVS Star bearing Registration No.TN-39-AB-4990.

4. The learned counsel appearing on behalf of the appellant/ Insurance Company mainly contended that there is no coverage of policy in view of the fact that the rider of the two wheeler died. It is a case of hit and run. Thus, there is no coverage as the driver is stepping into the shoes of the owner of the vehicle.

5. Though the deceased was not the owner of the vehicle, since he was riding the Motorcycle at the time of accident, it is to be construed that he stepped into the shoes of the owner and therefore, he has not covered under the policy issued by the appellant/Insurance Company. In the absence of any contract of valid policy, the appellant/Insurance Company is not liable to pay compensation.

6. This apart, the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 and such a claim petition can be entertained only in the event of establishing that the policy coverage was in force and the tort-feasor has to be fixed and accordingly vicarious liability is also to be ascertained. Consequently, only in the event of fixing the tort-feasor, the vicarious liability can be fixed on the owner of the vehicle and thereafter, the appellant/Insurance Company made liable to pay compensation.

7. This being the procedures and the scope of the claim petition under Section 166 of the Motor Vehicles Act, 1988. In the present case, the accident reveals that it is a hit and run case. The rider of the vehicle was the deceased and therefore, the Tribunal has wrongly arrived a conclusion that the appellant/Insurance Company is liable to pay compensation.

8. Even in the counter, the appellant/Insurance Company stated that there is no contract and therefore, the claim petition cannot be entertained. This apart, the deceased was not having a valid driving license also. Section 161 (1)(b) of the Motor Vehicles Act, 1988 states that “‘hit and run motor accident’ means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in site of reasonable efforts for the purpose”.

9. In the present case, a case was registered by the police, however, they have submitted a non-traceable report and accordingly, the criminal case was closed. Thus, it is made clear that tort-feasor has not been fixed and no vicarious liability can be fixed on the owner of the vehicle in the absence of identifying the offending vehicle, if any. Thus, the claim petition cannot be entertained under Section 166 of the Motor Vehicles Act, 1988.

10. This being the principles to be followed, the Tribunal has not considered all these aspects and further the judgments referred by the Tribunal are not having any direct relevance with reference to the facts and circumstances of the case on hand.

11. Accordingly, the judgment and decree dated 09.10.2014 passed by the learned Sub Judge, Sub Court-cum-Motor Accidents Claims Tribunal, Mettur in MCOP No.162 of 2009 is set aside. Consequently, C.M.A.No.1083 of 2015 stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is

Please Login To View The Full Judgment!

also dismissed. 12. It is brought to the notice of this Court that the Award amount has already been deposited by the appellant. Thus, the appellant/ Insurance Company is permitted to withdraw the deposited amount with accrued interest, by filing an appropriate application before the Tribunal. However, the claimant is at liberty to approach the Competent Authority for claiming compensation under Section 161 of the Motor Vehicles Act, 1988.
O R







Judgements of Similar Parties

04-08-2020 Kaizen Organics Pvt. Ltd., Jaipur Versus National Insurance Co. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
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
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 Oriental Insurance Co. Ltd. Through Its Duly Constituted Attorney, Oriental Insurance Co. Ltd., New Delhi Versus Vikash Kumar 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 Tata AIG Life Insurance Co. Ltd., Maharashtra Versus Mampi Dhar (Gosh) & Another 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
22-07-2020 Reliance Nippon Life Insurance Co. Ltd., Maharashtra Versus Sujoy Chatterjee National Consumer Disputes Redressal Commission NCDRC
21-07-2020 SBI Life Insurance Co. Ltd., West Bengal Versus Kajari Gayen & Another National Consumer Disputes Redressal Commission NCDRC
21-07-2020 Ex-Subedar Vinod Kumar Sharma Versus National Insurance Co. Ltd. National Consumer Disputes Redressal Commission NCDRC
20-07-2020 National Insurance Co. Ltd. Through National Legal Vertical, New Delhi Versus M/s. Krishna Spico Industries Pvt. Ltd., Ghaziabad & Another National Consumer Disputes Redressal Commission NCDRC
20-07-2020 Bajaj Allianz General Insurance Co. Ltd. & Another Versus Mahesh Gundappa Gouder In the High Court of Bombay at Goa
17-07-2020 Branch Manager, Bajaj Allianz General Insurance Company Limited, Chhattisgarh Versus Ansat Siya & Others High Court of Chhattisgarh
16-07-2020 Bajaj Allianz General Insurance Co. Ltd. Versus Chandan Tulsidas Gauthankar & Others In the High Court of Bombay at Goa
10-07-2020 Life Insurance Corporation of India Through Its Additional Secretary (Legal), New Delhi Versus Anil Laxman Matade National Consumer Disputes Redressal Commission NCDRC
10-07-2020 IFFCO Tokio General Insurance Co. Limited, Chhattisgarh Versus Kamin Bai & Others High Court of Chhattisgarh
10-07-2020 Bajaj Allianz General Insurance Co. Ltd. Versus Matilda Fernandes & Others In the High Court of Bombay at Goa
06-07-2020 National Insurance Co. Ltd., Chennai Versus A. Badurinssa & Others High Court of Judicature at Madras
06-07-2020 M/s. Liberty General Insurance Limited (formerly known as M/s. Liberty Videocon General Insurance Co. Ltd. Versus Md. Haseena & Others High Court of for the State of Telangana
02-07-2020 Life Insurance Corporation of India, through Manager (L & HPF), (CG) Versus Dhanya Kumar Jain & Others High Court of Chhattisgarh
01-07-2020 M/s. Gulabchand Shankar Versus Oriental Insurance Co. Ltd., Rajasthan & Another National Consumer Disputes Redressal Commission NCDRC
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
26-06-2020 Reliance Nippon Life Insurance Co. Ltd. & Another Versus Sajal Kumar Banerjee National Consumer Disputes Redressal Commission NCDRC
26-06-2020 Reliance Life Insurance Co. Ltd. & Another Versus Girijabai & Others National Consumer Disputes Redressal Commission NCDRC
25-06-2020 M/s. Goodwill Leather Art Rep By its Prop Md Quddus ALi Alias Md Quddus Ali Molla Versus National Insurance Co. Ltd. & Others National Consumer Disputes Redressal Commission NCDRC
25-06-2020 United India Insurance Co. Ltd. Versus Amar Singh Raghuwanshi National Consumer Disputes Redressal Commission NCDRC
25-06-2020 Amar Plastics Versus Iffco-Tokio General Insurance Co. Ltd. & Another 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
19-06-2020 Ram Avtar Versus National Insurance Co. Ltd. National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Jaspreet Singh Bakshi Versus SBI General Insurance Company Ltd., Chandigarh & Others National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Rajendra Singh & Others Versus National Insurance Company Limited & Others Supreme Court of India
16-06-2020 Savitha Versus M/s. Cholamandalam M.S. General Insurance Co. Ltd. & Others Supreme Court of India
15-06-2020 Piara Ram Versus National Insurance Co. Ltd. Through Its Manager, Punjab 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
05-06-2020 Vinita Sethi Versus ICICI Prudential Life Insurance Company Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
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
01-06-2020 P. Subramanian Versus The Insurance Ombudsman, Teynampet & Others High Court of Judicature at Madras
19-05-2020 Branch Manager Tata AIG General Insurance Company Limited, Bilaspur C.G. Versus Kashi Ram Sahu & Others High Court of Chhattisgarh
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
24-04-2020 Bajaj Allianz General Insurance Co. Ltd. & Another Versus The State of Madhya Pradesh Supreme Court of India
17-04-2020 Diljit Singh Bindra Versus Life Insurance Corporation of India Supreme Court of India
15-04-2020 United Nurses Association Through Its President Versus Union of India & Others Supreme Court of India
23-03-2020 The Branch Manager, National Insurance Company Limited, Sikkim Versus Bishal Chettri & Another High Court of Sikkim
20-03-2020 Oriental Insurance Company Limited Through Chief Manager Versus Arvind Kumar Jain National Consumer Disputes Redressal Commission NCDRC
20-03-2020 Branch Manager, Bajaj Allianz Life Insurance Co. Ltd., Punjab & Others Versus Dalbir Kaur National Consumer Disputes Redressal Commission NCDRC
18-03-2020 United India Insurance Company Limited Versus Mora Devi High Court of Rajasthan Jodhpur Bench
13-03-2020 The National Insurance Co. Ltd., Kolkata, through its Regional Manager Versus Marotrao & Others In the High Court of Bombay at Nagpur
13-03-2020 The Branch Manager, National Insurance Co. Ltd. Versus Suchandra Basak West Bengal State Consumer Disputes Redressal Commission Kolkata
13-03-2020 IFFCO-TOKIO General Insurance Co. Ltd., Represented by its Manager, K.S.C.M.F. Buildings, Bangalore Versus Mageswari & Others High Court of Judicature at Madras
13-03-2020 Ashawati Singh & Others Versus Life Insurance Corporation off India, Thrpugh Divisional Manager, Allahabad National Consumer Disputes Redressal Commission NCDRC
12-03-2020 National Insurance Co. Ltd., National Legal Vertical (Legal Cell), New Delhi Versus Biswadeb Koley & Others National Consumer Disputes Redressal Commission NCDRC
12-03-2020 The Branch Manager, Oriental Insurance Company Limited, Tiruvannamalai Versus Poongavanam & Others High Court of Judicature at Madras
12-03-2020 M/s. National Insurance Co. Ltd., Puducherry Versus Rani & Others High Court of Judicature at Madras
12-03-2020 The Branch Manager, National Insurance Co. Ltd. Versus Subhash Mahanta West Bengal State Consumer Disputes Redressal Commission Kolkata
11-03-2020 Agrocel Industries Pvt. Ltd. Versus United India Insurance Company Ltd. High Court of Judicature at Bombay
11-03-2020 M/s. National Insurance Co. Ltd., Basheerbagh, Hyderabad through local branch at Khammam Versus F.R. Phillip High Court of for the State of Telangana
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
11-03-2020 Divisional Manager, M/s. Cholamandalam MS General Insurance Company Limited, Chennai Versus Anandan & Another 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
10-03-2020 M/s. Professional Management Consultants (P) Ltd., Chennai Versus Employees State Insurance Corporation, Rep by its Joint Director, Chennai High Court of Judicature at Madras
09-03-2020 The Branch Manager, M/s The Oriental Insurance Company Ltd. Through Divisional Manager Versus Jayanti Devi & Others High Court of Jharkhand
06-03-2020 National Insurance Co. Ltd., Rajasthan & Another Versus Bhawal Synthetics India Ltd., Rajasthan & Others National Consumer Disputes Redressal Commission NCDRC
06-03-2020 Poonam Devi & Others Versus Oriental Insurance Co. Ltd. Supreme Court of India
06-03-2020 Mumtaz & Others Versus The National Insurance Co. Ltd., & Another High Court of Karnataka
06-03-2020 The Oriental Insurance Co., Ltd., Palghad, Kerala State Versus M. Arul @ Arulkumar & Others High Court of Judicature at Madras
05-03-2020 United India Insurance Co. Ltd., Chennai Versus B. Sudha & Others High Court of Judicature at Madras
05-03-2020 National Insurance Co. Ltd., Chennai Versus S. Chitirai Pandian & Others High Court of Judicature at Madras
05-03-2020 Divisional Manager, Oriental Insurance Co. Ltd., Divisional Office, Mythe Estate, Kaithu, Shimla, Himachala Pradesh Versus Bir Singh Rana National Consumer Disputes Redressal Commission NCDRC
05-03-2020 The Divisional Manager, Oriental Insurance Company Limited, Vellore Versus R. Damodharan & Another High Court of Judicature at Madras
04-03-2020 Nirmala Kothari Versus United India Insurance Co. Ltd. Supreme Court of India
04-03-2020 The Divisional Manager, The Oriental Insurance Co. Ltd., Tiruvannamalai Versus Suresh Kumar & Others High Court of Judicature at Madras
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
03-03-2020 The Oriental Insurance Co.Ltd., Broadway, Chennai & Another Versus G. Saravanan & Another High Court of Judicature at Madras
03-03-2020 Life Insurance Corporation Of India Through Its Additional Secretary(Legal), New Delhi Versus Raj Vilas Dongre & Others National Consumer Disputes Redressal Commission NCDRC
03-03-2020 M/s. Deluxe Enterprises, H.P. Versus Oriental Insurance Company Ltd., Punjab National Consumer Disputes Redressal Commission NCDRC
03-03-2020 Reliance General Insurance Co. Ltd., Salem Versus Parameshwari & Others High Court of Judicature at Madras
02-03-2020 Employees State Insurance Corporation, Represented by Its Director General, New Delhi & Others Versus Dr. P.S. Naina High Court of Kerala
02-03-2020 Geetha & Others Versus United India Insurance Company Limited, Neyveli High Court of Judicature at Madras
02-03-2020 G.T.P. Transport Company, Swaranpuri, Salem & Another Versus National Insurance Company Ltd., Divisional Manager, Salem & Another High Court of Judicature at Madras
02-03-2020 Branch Manager, National Insurance Co. Ltd., Represented by Regional Manager, National Insurance Co. Ltd., Bengaluru Versus Latha & Others High Court of Karnataka
02-03-2020 M/s. Bharti AXA General Insurance Co. Ltd., Doddaanekundi, Bangalore Versus Narasimman & Others High Court of Judicature at Madras
02-03-2020 The Oriental Insurance Co. Ltd., Represented by its Manager, Dharmapuri Versus Venkatraman & Others High Court of Judicature at Madras
02-03-2020 Royal Sundaram Alliance Insurance Co. Ltd., Chennai Versus Abutahir & Others High Court of Judicature at Madras
28-02-2020 ICICI Prudential Life Insurance Company Limited, Represented by its Authorised Signatory & Others Versus Chittipolu Uma Telangana State Consumer Disputes Redressal Commission Hyderabad
28-02-2020 M/s. Techno Global Services Pvt. Ltd. & Another Versus National Insurance Co. Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
27-02-2020 National Insurance Co. Ltd. Versus Bhagwan Bhika Shirsath & Others High Court of Judicature at Bombay
27-02-2020 M/s. Royal Sundaram Alliance Insurance Co. Ltd., Chennai Versus Karmi Devi & Others High Court of Judicature at Madras
26-02-2020 The Oriental Insurance Company Limited, Chennai Versus M. Baby Rani & Others High Court of Judicature at Madras
26-02-2020 M/s. Food Corporation of India, Represented by its Area Manager, Coimbatore Versus Employees State Insurance Corporation, Represented by its Deputy Director, Coimbatore High Court of Judicature at Madras
25-02-2020 Bajaj Allianz General Insurance Co. Ltd. Versus M/s. MPT Amtek Automotive Ltd. Delhi State Consumer Disputes Redressal Commission New Delhi
25-02-2020 Life Insurance Corporation of India Versus Mukesh Poonamchand Shah Supreme Court of India
24-02-2020 Shriram General Insurance Company Ltd. Versus Arvind Chauhan & Others High Court of Uttarakhand
24-02-2020 The Manager, HDFC ERGO General Insurance Company Ltd., Chennai Versus Kannamma & Others High Court of Judicature at Madras
24-02-2020 The Branch Manager, The Oriental Insurance Co. Ltd., Divisional Office at Puducherry Versus Prabu, Rajendran, Senthilkumar, Nagappan, Chandrasekar & Minor Balaji, Rep. by his mother & next friend Jothi & Others High Court of Judicature at Madras
20-02-2020 Oriental Insurance Company Ltd., Maharashtra Versus M/s. Dangi Financial & Management Consultancy Pvt. Ltd. Maharashtra 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