UNITED INDIA INSURANCE COMPANY LIMITED Vs. SATINDER KAUR
LAWS(SC)-2020-6-29
SUPREME COURT OF INDIA
Decided on June 30,2020

UNITED INDIA INSURANCE COMPANY LIMITED Appellant
VERSUS
SATINDER KAUR Respondents





Cited Judgements :-

ANJALI VS. RAGESH [LAWS(KER)-2020-10-419] [REFERRED TO]
MANJU KURUVILA VS. SUNITH KUMAR FENN [LAWS(KER)-2020-9-589] [REFERRED TO]
CHOLAMANDALAM M S GENERAL INSURANCE COMPANY LTD VS. NOORJAHAN BEGUM [LAWS(KAR)-2021-6-62] [REFERRED TO]
ANITA VS. MAHESH [LAWS(KAR)-2021-6-120] [REFERRED TO]
KUTUBUDDIN VS. GANGU [LAWS(KAR)-2021-6-248] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD, VS. KAVITHA Y. S. [LAWS(KAR)-2021-7-182] [REFERRED TO]
DIVISIONAL MANAGER VS. SHIVANAND BABU BADAKUNDRI [LAWS(KAR)-2021-9-88] [REFERRED TO]
JAYAMALA VS. BHAGYAMMA [LAWS(KAR)-2022-7-313] [REFERRED TO]
NATIONAL INSURANCE CO.LTD VS. SMT. UDDAVVA W/O. MALAKARI KOTRE [LAWS(KAR)-2022-8-1] [REFERRED TO]
RAJESH DEVI VS. NATHNATI SAHA [LAWS(ALL)-2022-5-24] [REFERRED TO]
M.A. JOSEPH VS. DIRECTOR GENERAL OF POLICE [LAWS(KER)-2021-6-20] [REFERRED TO]
MANJULABEN VS. USMAN GULAM MOHMED KAPADIA [LAWS(GJH)-2022-1-732] [REFERRED TO]
SHRI RAM GENERAL INSURANCE CO. LTD. VS. REHMANTBABI ATA MOHAMMED SHEIKH [LAWS(GJH)-2022-1-1319] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. RAKESH KALUBHAI PATEL [LAWS(GJH)-2022-6-1278] [REFERRED TO]
VIMLA MEHTA VS. MOHAN LAL [LAWS(P&H)-2021-8-164] [REFERRED TO]
N.JAYASREE VS. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD [LAWS(SC)-2021-10-63] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. VS. PRATIBHA DAS [LAWS(TRIP)-2021-4-41] [REFERRED TO]
USMAN P.K. VS. RAJESH KUMAR P.S. [LAWS(KER)-2020-12-194] [REFERRED TO]
VIMALKUMAR VS. SAJEEVAN [LAWS(KER)-2021-10-84] [REFERRED TO]
SHYLAJA H. V. VS. K. MOHAN LAL S/O. SHIVARANJI [LAWS(KAR)-2021-3-78] [REFERRED TO]
DIVISIONAL MANAGER NEW INDIA ASSURANCE CO LTD, HUBLI VS. M.A.RAHMAN [LAWS(KAR)-2021-6-108] [REFERRED TO]
USHA MADHUKAR VS. MGM TRANSPORT MADRAS PRIVATE LTD. [LAWS(KAR)-2021-6-179] [REFERRED TO]
ANITA H. VS. V. N. JAYA [LAWS(KAR)-2021-6-232] [REFERRED TO]
RENUKAMMA VS. NARENDRA S. [LAWS(KAR)-2021-7-62] [REFERRED TO]
APPU VS. M.K. MINI [LAWS(KER)-2021-7-6] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. C.MANI [LAWS(KER)-2021-7-42] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. PARASKUMAR VISHNUBHAI DAVE [LAWS(GJH)-2022-2-787] [REFERRED TO]
NATIONAL INSURANCE CO.LTD. VS. AMMINI [LAWS(KER)-2021-10-29] [REFERRED TO]
JAMEELA VS. C. H. NAGENDRA RAO [LAWS(KER)-2021-10-136] [REFERRED TO]
AMBUBAI PAVAR VS. MALLESH [LAWS(KAR)-2021-6-88] [REFERRED TO]
UNITED INDIA GENERAL INSURANCE CO LTD VS. HUSSAIN [LAWS(KAR)-2021-6-107] [REFERRED TO]
DURGARAMJI VS. NARAYANARAO [LAWS(KAR)-2021-6-187] [REFERRED TO]
N.GIRIJA VS. PRUTHVIRAJ [LAWS(KAR)-2022-7-302] [REFERRED TO]
NANJEGOWDA VS. C.SELVARAJ [LAWS(KAR)-2022-7-425] [REFERRED TO]
MANJAPPA VS. ARUNAKUMAR [LAWS(KAR)-2021-3-75] [REFERRED TO]
REKHA DEVI VS. MUKESH YADAV [LAWS(KAR)-2021-3-259] [REFERRED TO]
IFFCO TOKIO GENERAL INSURANCE CO.LTD VS. SHRISHAILAPPA [LAWS(KAR)-2021-9-86] [REFERRED TO]
MANAGER, UNITED INDIA INSURANCE CO. LTD VS. PRAKASH S/O MANAPA BADIGER [LAWS(KAR)-2021-9-91] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD. VS. WASHEEMA BANO [LAWS(ALL)-2022-6-26] [REFERRED TO]
NATIONAL INSURANCE COMPANY VS. KOKILABEN BUDHABHAI SOLANKI [LAWS(GJH)-2021-12-959] [REFERRED TO]
SANGITABEN BHASKARBHAI PATEL VS. VIMAL PURSHOTTAM PANCHAL [LAWS(GJH)-2022-6-1196] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. HEMANGINIBEN WIDOW OF GAUTAM- BHAI GUNVANTRAI [LAWS(GJH)-2022-2-495] [REFERRED TO]
BAJAJ ALLAINZ GENERAL INSURANCE COMPANY LTD. VS. JAYALAKSHMAMMA [LAWS(KAR)-2021-7-162] [REFERRED TO]
DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD VS. RAJESHRI [LAWS(KAR)-2021-9-300] [REFERRED TO]
P. V. SUBBA REDDY VS. MANAGING DIRECTOR [LAWS(KAR)-2021-3-69] [REFERRED TO]
BHARTI AXA GENERAL INSURANCE COMPANY LIMITED VS. SPOORTHI K. GOWDA [LAWS(KAR)-2021-6-209] [REFERRED TO]
BALAKRISHNAN VS. L. NAGENDRA [LAWS(KAR)-2021-6-211] [REFERRED TO]
BHAGYASHREE VS. CHANDPASHA [LAWS(KAR)-2022-6-249] [REFERRED TO]
OMANA VS. SHAIBU P.S. [LAWS(KER)-2021-7-20] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD. VS. SUBHADRA [LAWS(KER)-2022-7-269] [REFERRED TO]
AMJIBA VS. LILARAM JOHRILAL YADAV [LAWS(GJH)-2021-11-198] [REFERRED TO]
LINAGAURIBEN BHADRESHBHAI VS. GUJARAT STATE ROAD TRANSPORT CORPORATION [LAWS(GJH)-2021-10-872] [REFERRED TO]
NATIONAL INSURANCE COMPANY VS. SURENDRABHAI NAGINDAS GANDHI [LAWS(GJH)-2022-6-1552] [REFERRED TO]
JADEJA MINABA VS. DALABHAI CHAGANBHAI RAVAL [LAWS(GJH)-2022-2-937] [REFERRED TO]
HEENABEN KIRITKUMAR KADIYA VS. DILIPBHAI SIVRAM PATIL [LAWS(GJH)-2022-6-1089] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. RAJESHBHAI [LAWS(GJH)-2021-12-921] [REFERRED TO]
IFFCO TOKIO GENERAL INSURANCE COMPANY LTD VS. RATNA SHETTY [LAWS(BOM)-2022-7-24] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD VS. ANNIE BABU [LAWS(KER)-2021-11-67] [REFERRED TO]
MINIMOL ANU VS. THOMAS CHIRAYATHU THADATHIL [LAWS(KER)-2021-11-259] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. VISHRAM [LAWS(ALL)-2022-5-57] [REFERRED TO]
IFFCO TOKIO VS. MAHAMADBHAI [LAWS(GJH)-2020-10-594] [REFERRED TO]
NIKUNJKUMAR HASMUKHBHAI SONI VS. BHAGWATPRASAD CHUNILAL PARMAR [LAWS(GJH)-2022-5-6] [REFERRED TO]
BHARATBHAI RAMANBHAI PATEL VS. RATANLAL SUKHLAL DHAKAL [LAWS(GJH)-2022-6-1140] [REFERRED TO]
NATIONAL INSURANCE COMPANY VS. ANSUYADEVI ALIAS SHILADEVI RAMUDAY KURMI [LAWS(GJH)-2021-12-297] [REFERRED TO]
NATIONAL INSURANCE CO.LTD VS. KOKILABEN WD/O GORDHANBHAI TETABHAI RATHVA [LAWS(GJH)-2021-12-634] [REFERRED TO]
B. K. ARUNA VS. PAPIREDDY N. [LAWS(KAR)-2021-3-80] [REFERRED TO]
HANUMANTHI VS. SHAMID SAB [LAWS(KAR)-2021-6-91] [REFERRED TO]
KANAGA VS. NIRANJAN BABY G. D. [LAWS(KAR)-2021-6-147] [REFERRED TO]
ARATHI VS. RELIANCE GENERAL INS. CO. LTD. [LAWS(KAR)-2021-6-176] [REFERRED TO]
RELIANCE GENERAL INSURANCE CO. LTD VS. BASAVARAJ [LAWS(KAR)-2021-9-257] [REFERRED TO]
SHIVAYYA S/O KARABASAYYA VS. MD. IRSHAD HUSSAIN [LAWS(KAR)-2022-7-22] [REFERRED TO]
M.M.V. VEERESHA, S/O. SHANKARAIAH VS. DHAMI BAI W/O.CHENNAYA NAIK [LAWS(KAR)-2021-9-212] [REFERRED TO]
HARISCHANDRA ALVA VS. MOHAMMED KHALANDER SHAFFIE [LAWS(KAR)-2021-3-102] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. VS. SHRUTHI [LAWS(KAR)-2021-3-106] [REFERRED TO]
RAJU VS. MANAGER, UNITED INDIA INSURANCE CO. LTD [LAWS(KAR)-2021-3-241] [REFERRED TO]
MANAGER VS. DADUSABA [LAWS(KAR)-2021-6-77] [REFERRED TO]
BABA BALVINDER SINGHJI VS. NARENDRAPAL KAUR [LAWS(KAR)-2021-6-203] [REFERRED TO]
KSRTC VS. RAJANNACHARI [LAWS(KAR)-2021-6-269] [REFERRED TO]
GEETHA KUMARI B. N. VS. RELIANACE GENERAL INSURANCE COMPANY LTD. [LAWS(KAR)-2021-3-57] [REFERRED TO]
IFFCO TOKIO GENERAL INSURANCE CO. LTD VS. MISS AMBERLY JONALYNN FERNANDES [LAWS(BOM)-2022-7-42] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. SONALI [LAWS(BOM)-2021-7-148] [REFERRED TO]
S. CHANDRASEKHARAN VS. M. DINAKAR [LAWS(SC)-2022-7-30] [REFERRED TO]
RELIANCCE GNERAL INSURANCE CO. LTD. VS. BOMMAKANTI BHUMALINGAM [LAWS(TLNG)-2021-12-135] [REFERRED TO]
VENKATESH @ VENKATARAMANAGOWDA VS. V. RAMACHANDRA PRASAD [LAWS(KAR)-2021-3-97] [REFERRED TO]
RAMAR M. VS. ANURADHA B. [LAWS(KAR)-2021-3-122] [REFERRED TO]
SUMA G. VS. MOHAN [LAWS(KAR)-2021-6-376] [REFERRED TO]
RESHMA VS. N.SUBRAYA HUKRAPPA GOWADA [LAWS(KAR)-2021-7-40] [REFERRED TO]
NANJUNDAIAH VS. C. K. RAJEEV [LAWS(KAR)-2021-7-169] [REFERRED TO]
SRIDEVI VS. RAMESH [LAWS(KAR)-2022-2-73] [REFERRED TO]
RADHAKRISHNA PILLAI VS. SAJI ABRAHAM [LAWS(KER)-2021-3-264] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. MANBAI HIRJI BUCHIYA [LAWS(GJH)-2021-10-1312] [REFERRED TO]
MULBAI KANJI GARVA VS. DRIVER OF AMBASSADOR [LAWS(GJH)-2022-4-1333] [REFERRED TO]
MEENABEN PRAVINBHAI MAITHANI VS. NARESHKUMAR JIVANRAM [LAWS(GJH)-2022-5-540] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LT VS. BHANUBEN PRAGNESHKUMAR SONI [LAWS(GJH)-2022-4-31] [REFERRED TO]
VIRBHADRASINGH BALDEVSINGH GOHIL VS. HARILAL JIVRAJBHAI HALANI [LAWS(GJH)-2022-4-138] [REFERRED TO]
MANJULABEN VS. SAIYED JAVED HUSSEIN NIYAZ MOHAMMED [LAWS(GJH)-2022-1-223] [REFERRED TO]
B. V. SURYAKUMAR VS. NAGINBHAI RAMANBHAI VASAVA [LAWS(GJH)-2022-6-1016] [REFERRED TO]
KUTTIYAMMA VS. JOY [LAWS(KER)-2021-12-138] [REFERRED TO]
IRSHAD HASSAN VS. SHRIRAM GENERAL INSURANCE CO.LIMITED [LAWS(KER)-2021-1-176] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. KUMARI SHOBHA D/O SWAMY [LAWS(KAR)-2021-3-76] [REFERRED TO]
SUSHEELAMMA VS. RELIANCE GEN. INS. CO. LTD [LAWS(KAR)-2021-3-242] [REFERRED TO]
CHANDRAIAH VS. K.S.R.T.C. [LAWS(KAR)-2021-4-18] [REFERRED TO]
MAHADEVI VS. SURESH G DHARWAD [LAWS(KAR)-2021-7-43] [REFERRED TO]
BOYA MAMATHA VS. B.RUKMACHARI [LAWS(KAR)-2021-7-50] [REFERRED TO]
BHARATI VS. AKSHATHA KAMATH [LAWS(KAR)-2021-7-98] [REFERRED TO]
RENUKA VS. YAMANAPPA APPANNA TALWAR [LAWS(KAR)-2021-9-112] [REFERRED TO]
SRIKANTH VS. SHIVANAGOUDA [LAWS(KAR)-2021-9-174] [REFERRED TO]
SUJATA W/O TUKARAM RELEKAR VS. CHANDRASHEKAR S/O GURAPPA GANIGER [LAWS(KAR)-2021-9-225] [REFERRED TO]
CHETNABEN KAUSHABHAI JOSHI VS. LACHHARAM RAJARAM CHANAR [LAWS(GJH)-2022-7-1427] [REFERRED TO]
LILABEN VS. PUNAMBHAI GOKULBHAI MODI [LAWS(GJH)-2022-6-1439] [REFERRED TO]
PUSHPABEN WD/O DINESHCHANDRA HASMUKHLAL THAKKAR VS. MANCHI BABUBHAI JAGABHAI [LAWS(GJH)-2022-7-15] [REFERRED TO]
BHARTIBEN ARVINDKUMAR PITRODA VS. PARBATBHAI KARSHANBHAI GOJIYA [LAWS(GJH)-2022-7-641] [REFERRED TO]
HAMIDABANU ANAWARBHAI MULTANI VS. HAIDERBHAI BHIKHABHAI BHETARIYA [LAWS(GJH)-2022-6-55] [REFERRED TO]
JYOTSNABEN TULSIDAS PUROHIT VS. PRAFULBHAI MULJIBHAI JHALA [LAWS(GJH)-2022-4-1468] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. PRANALI RAMCHANDRA ZORE [LAWS(BOM)-2021-10-298] [REFERRED TO]
JANABAI WD/O DINKARRAO GHORPADE VS. I.C.I.C.I. LAMBORD INSURANCE COMPANY LTD [LAWS(SC)-2022-8-38] [REFERRED TO]


JUDGEMENT

INDU MALHOTRA, J. - (1.)Leave granted.
The deceased - Satpal Singh was residing in Doha, Qatar since 1984. The Employment Contract Form of the deceased dated 21.08.1984 revealed that he was engaged as a labourer initially for a period of one year on a salary of 750 Qatari Riyal p.m., and continued to live in Qatar where he was employed, till he passed away in a motor vehicle accident in India in 1998.

(2.)Satpal Singh was visiting India in November, 1998. On 18.11.1998, he was riding a scooter, with his wife as the pillion rider, when he met with an accident with a Maruti car bearing No. CH-01-M-6284 coming from the opposite direction.
FIR No. 204 dated 18.11.1998 was lodged u/S. 304A, 279, 337, 427 IPC at P.S. Sadar, Rajpura against the driver and owner of the offending car.

The FIR was lodged on the statement of Satinder Kaur -widow of the deceased, wherein she had stated that the accident had occurred due to the rash and negligent driving of the driver of the Maruti car. It was further stated that the accident took place while her husband was over-taking a tractor-trolley, when the Maruti car was coming at a high speed from the opposite side. This led to the accident, and caused the death of Satpal Singh on the spot.

The Claimant No. 1 i.e. wife of the deceased was also seriously injured. Her right leg and jaw were fractured. The Claimant No. 1 remained in hospital for over a month. A rod was inserted in her leg, and remained in plaster for about 7 to 8 months. The accident led to 25% permanent disability, which is borne out from the Disability Certificate issued by the Civil Surgeon, Patiala.

(3.)Claim Petition bearing M.A.C. Application No. 152 was filed before the MACT, Patiala (Punjab) on 24.12.1998 u/S. 166 of the Motor Vehicles Act, 1988 by the widow of the deceased, on behalf of herself and her 3 minor children for compensation on the death of her husband. The Claimants prayed for compensation of Rs. 50 lacs, alongwith Interest @18% p.a. to be paid jointly and severally by the Insurance Company, and the driver and owner of the Maruti car.
3.1. A copy of the FIR was placed before the MACT, as also the Post Mortem Report which recorded the serious head injuries caused by the road accident on the deceased.

3.2. The Claimants filed a photocopy of the Employment Contract Form dated 10.07.1984 certified by the Indian Embassy at Doha, which records the engagement of the deceased as a labourer by the firm Ali Al Fayyad Trading Contracting Est., Doha on a salary of 750 Qatari Riyal p.m., when he first shifted to Qatar.

3.3. The Claimants also placed on record a letter dated 27.06.1997 purported to have been issued by his employer - the High Speed Group to the Counsellor, New Zealand Consulate for issuance of a visa. It was stated that the General Manager of their company, Mr. Satpal Harbans Singh was intending to spend his annual vacation during June - August 1997 in New Zealand, and had been employed by this organization since 1984, and was now drawing a salary of $ 6,700 p.m.
It is relevant to note that this letter was not attested by the Indian Embassy at Doha.
3.4. The Claimants placed on record the Passport of the deceased, which reveals his date of birth as10.08.1958. The deceased was a little over 40 years of age at the time of the accident.
The passport entries reveal frequent foreign travel during the period 1986 till 1998 when he expired.
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