NEW INDIA ASSURANCE COMPANY LIMITED Vs. C M JAYA
LAWS(SC)-2002-1-64
SUPREME COURT OF INDIA
Decided on January 17,2002

NEW INDIA ASSURANCE COMPANY LIMITED Appellant
VERSUS
CM.JAYA Respondents





Cited Judgements :-

ABDULHAFIZ ABDULKARIM SHAIKH VS. ADBULRASID RASUL MANSURI [LAWS(GJH)-2007-2-195] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. MOHAMMAD YUSUF AND ORS. [LAWS(JHAR)-2015-7-125] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. RAJENDRA KUMAR JAIN [LAWS(ALL)-2013-5-219] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. SHYAMALI GUHATHAKURTA [LAWS(CAL)-2008-4-69] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. RENUKA SAHA [LAWS(CAL)-2009-10-3] [REFERRED TO]
DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD VS. RAJAPPA [LAWS(KAR)-2007-4-50] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. VS. MINOR MAHESH KANUBHAI [LAWS(GJH)-2014-4-123] [REFERRED TO]
BHIMAVVA VS. SHANKAR ALIAS ADYA [LAWS(KAR)-2003-8-78] [REFERRED TO]
MANAGER ORIENTAL INSURANCE CO LTD VS. SHANKRA NAIKA [LAWS(KAR)-2003-2-26] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. GORDHANBHAI DAHYABHAI PRAJAPATI [LAWS(GJH)-2009-2-300] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. SH SIHNU RAM AND OTHERS [LAWS(HPH)-2016-9-259] [REFERRED]
K SHANKAR VS. ORIENTAL INSURANCE CO LTD [LAWS(MAD)-2005-9-155] [REFERRED TO]
DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD. VS. SHAMARAYA [LAWS(KAR)-2020-12-119] [REFERRED TO]
FOOD CRAFT INSTT VS. RAMESHWAR SHARMA [LAWS(DLH)-2006-4-10] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. RUKIYA [LAWS(KER)-2006-7-110] [REFERRED TO]
NEETA TREHAN VS. GOPAL KRISHAN [LAWS(DLH)-2010-5-7] [REFERRED TO]
DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD. VS. M.AHEMMEDKUTTY, S/O.MOIDEEN [LAWS(KER)-2013-6-52] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. AHEMMEDKUTTY [LAWS(KER)-2013-6-223] [REFERRED TO]
MARY VS. UNITED INDIA INSURANCE CO. LTD [LAWS(KER)-2013-12-93] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. SHANTI DEVI [LAWS(JHAR)-2002-7-1] [REFERRED TO]
SHAJI VS. PRADEESH [LAWS(KER)-2015-11-138] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. NATARAJAN [LAWS(MAD)-2020-9-772] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. K SHANMUGAM [LAWS(MAD)-2008-4-91] [REFERRED TO]
ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD VS. A MEENAKSHI [LAWS(MAD)-2009-3-11] [REFERRED TO]
DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD VS. GOKULA MOHARANA [LAWS(ORI)-2003-3-21] [REFERRED TO]
MANOJ JAIN AND ORS. VS. SITA RAM AND ORS. [LAWS(RAJ)-2014-11-114] [REFERRED TO]
SOHAN LAL VS. FATTU [LAWS(RAJ)-2008-1-87] [REFERRED TO]
KHAYALI LAL VS. ISAMIYA [LAWS(RAJ)-2007-11-25] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. CHUKI DEVI [LAWS(RAJ)-2011-1-82] [REFERRED TO]
SAYRA DEVI VS. NATIONAL INSURANCE CO LTD [LAWS(RAJ)-2006-4-26] [REFERRED TO]
DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD VS. ARATI MISHRA [LAWS(ORI)-2009-7-7] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD. VS. NURJAHAN KHATUN AND 2 ORS. [LAWS(GAU)-2018-1-141] [REFERRED TO]
MOHD. SALMAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2023-3-158] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PAKKIRIAMMAL, [LAWS(MAD)-2002-2-176] [REFERRED TO]
ANU BHANVARA VS. IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED [LAWS(SC)-2019-8-40] [REFERRED TO]
RAMASHRYA SINGH VS. NEW INDIA ASSURANCE COMPANY LIMITED [LAWS(SC)-2003-7-105] [REFERRED]
RAM LAL VS. SAJJAN RAJ [LAWS(RAJ)-2009-7-134] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. HASTIMAL LODHA [LAWS(RAJ)-2005-12-44] [REFERRED TO]
ORIENTAL INSURANCE CO. VS. SMT. GANGA JAISI & OTHERS [LAWS(UTN)-2016-7-16] [REFERRED TO]
H C AGRAWAL VS. JASULI DEVI [LAWS(UTN)-2011-12-18] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. FIRANGI RAM [LAWS(PAT)-2007-11-87] [REFERRED TO]
VIJENDER BHAGOTRA VS. NEW INDIA ASSURANCE CO LTD [LAWS(J&K)-2008-3-23] [REFERRED TO]
PRATIBHABEN BHUPENDRA PACHIGAR VS. DRIVER OF TRUCK NO DEL/2600 (NOT MENTINED) [LAWS(GJH)-2019-2-149] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. ASHOK KUMAR SAR & ANR [LAWS(DLH)-2010-5-413] [REFERRED]
GURCHARAN KAUR VS. RAJA RAM [LAWS(DLH)-2011-7-278] [REFERRED TO]
GURCHARAN KAUR VS. RAJA RAM [LAWS(DLH)-2011-7-278] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. DURGESH NANDINI SHARMA [LAWS(DLH)-2011-10-39] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. DURGESH NANDINI SHARMA [LAWS(DLH)-2011-10-39] [REFERRED TO]
BRANCH MANAGER, RELIANCE GENERAL INS. CO. LTD. VS. ELUMALAI [LAWS(MAD)-2021-2-406] [REFERRED TO]
NEW INDIA ASSURANCE CO.LTD VS. MEENAKSHI [LAWS(MAD)-2023-3-103] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. SHANTA BAI [LAWS(MPH)-2006-2-34] [REFERRED TO]
SANDHYA DUBEY VS. SHYAM KUMAR [LAWS(MPH)-2003-6-36] [REFERRED TO]
ORIENTAL INSURANCE CO. VS. RAMJIBHAI GOVINDBHAI PATEL [LAWS(GJH)-2022-7-1292] [REFERRED TO]
SHANTABEN VS. YAKUBBHAI IBRAHIMBHAI PATEL [LAWS(GJH)-2006-12-59] [REFERRED TO]
UNITED INDIA ASSURANCE CO LTD VS. BHAGYALAKSHMI [LAWS(KAR)-2006-9-4] [REFERRED TO]
BIMLA GUPTA VS. MAHINDER SINGH [LAWS(DLH)-2011-9-321] [REFERRED TO]
Divisional Manager, National Insurance Co.Ltd. VS. Manorama Sahu [LAWS(ORI)-2007-6-71] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. MARUTHI [LAWS(KAR)-2010-12-4] [REFERRED TO]
Oriental Insurance Company Ltd. VS. Mrs. Kempamani and another [LAWS(KAR)-2003-6-97] [REFERRED TO]
MAHAMOD FAZLULLA VS. NEW INDIA ASSURANCE CO LTD [LAWS(KAR)-2005-11-13] [REFERRED TO]
THE NEW INDIA ASSURANCE CO. LTD. AND ORS. VS. SUKHI AND ORS. [LAWS(RAJ)-2014-2-203] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. SUDHA VERMA [LAWS(MPH)-2003-1-122] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. MOST SUMITRA DEVI [LAWS(PAT)-2015-1-61] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. BRIJLATA [LAWS(MPH)-2008-1-114] [REFERRED TO]
SATENDER KAUR VS. JAGDEEP SINGH [LAWS(RAJ)-2007-5-13] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. MADHO SINGH [LAWS(RAJ)-2003-9-4] [REFERRED TO]
RAM LAL VS. HASTI MAL [LAWS(RAJ)-2004-10-38] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. DINDAYAL [LAWS(RAJ)-2011-3-71] [REFERRED TO]
DURJAN SINGH VS. SURJA RAM [LAWS(RAJ)-2005-7-35] [REFERRED TO]
KRISHNA KR.SINGH VS. DIRECTOR CONSOLIDATION [LAWS(PAT)-2007-3-148] [RELIED ON]
NEW INDIA ASSURANCE COMPANY LIMITED VS. THAILAMMAI [LAWS(MAD)-2018-9-48] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. KUSUM AGARWAL [LAWS(CAL)-2024-1-46] [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE CO VS. FIRDOS PERVEZ MYSOREWALA [LAWS(GJH)-2003-4-58] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. CHAND RANI [LAWS(JHAR)-2003-7-30] [REFERRED TO]
SASIKUMAR VS. LAKSHMAN AND ORS. [LAWS(KER)-2015-11-156] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. ZARINA [LAWS(DLH)-2011-9-166] [REFERRED TO]
S.VIJAYALAKSHMI VS. ASHOK BROTHERS IMPLEX LIMITED [LAWS(MAD)-2022-6-229] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. PANMESHWARI DEVI [LAWS(DLH)-2006-12-146] [REFERRED TO]
THE ORIENTAL INSURANCE CO. LTD., GOUEVIA CHAMBERS, 3RD FLOOR, PANAJI VS. SMT. ENAYAT KHAN, WIFE OF SADRODIN KHAN, AGED 50 YEARS, HOUSEWIFE [LAWS(BOM)-2016-12-191] [REFERRED TO]
SUDHARSHAN S/O HANMANTH VS. SRI SUBASH [LAWS(KAR)-2020-12-2] [REFERRED TO]
MACHINENI RAMA DEVI VS. M SATHYANARAYANA [LAWS(APH)-2013-8-28] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. HIMANGSHU CH DEB [LAWS(GAU)-2007-7-1] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. ARUNA CHHAGAN KALAMKAR [LAWS(BOM)-2007-8-148] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. MANGAL SHRIKANT CHAUDHARI [LAWS(BOM)-2007-11-43] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. PUSHPA ASHOK KAKDE [LAWS(BOM)-2003-11-11] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED, SALEM VS. BOOPATHY [LAWS(MAD)-2020-12-467] [REFERRED TO]
NEW INDIA ASSURANCE CO.LTD. VS. DALIP KAUR [LAWS(P&H)-2012-12-104] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. CHAMELI DEVI AND ORS [LAWS(P&H)-2010-5-406] [REFERRED]
JAGJEET SINGH VS. UNITED INSURANCE CO. AND ORS. [LAWS(J&K)-2014-12-28] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. RODI [LAWS(RAJ)-2005-10-13] [REFERRED TO]
SURESH OIL MILLS VS. KESAR BAI [LAWS(RAJ)-2004-3-40] [REFERRED TO]
MADHU VS. ASHOK KUMAR [LAWS(RAJ)-2009-7-102] [REFERRED TO]
BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED VS. MASTER SURAJ SUBBA [LAWS(SIK)-2013-8-1] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. SATYA DEVI [LAWS(HPH)-2002-4-4] [REFERRED TO]
MANDABAI WD O PRABHAKAR PUDAKE VS. DALJITRAI S O DINANATH CHHABRA [LAWS(BOM)-2003-12-97] [REFERRED TO]
JAYAKUMAR VS. RAJAMMA [LAWS(KER)-2004-6-11] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. RADHIKA [LAWS(KER)-2008-10-30] [REFERRED TO]
MATHEW VS. SHAJI MATHEW [LAWS(KER)-2009-7-105] [REFERRED TO]
SOMVATI GUPTA VS. ASHOK KUMAR BHATT [LAWS(MPH)-2002-8-8] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD VS. RAVINDRA NANA PANCHGHATE [LAWS(BOM)-2019-11-97] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. ASHIF PASHA [LAWS(KAR)-2007-2-1] [REFERRED TO]
DIVISIONAL MANAGER VS. AKKAVVA [LAWS(KAR)-2007-2-14] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. KEMPAMANI [LAWS(KAR)-2003-6-83] [REFERRED TO]
ICICI LOMBARD GENERAL INSURANCE CO LTD VS. ASHABEN GAUTAMBHAI VALA [LAWS(GJH)-2008-5-19] [REFERRED TO]
N.I.C. LTD. VS. RAMAWATI DEVI [LAWS(ALL)-2017-8-386] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. SATYA PRAKASH [LAWS(ALL)-2004-8-87] [REFERRED TO]
THE NATIONAL INSURANCE COMPANY LIMITED VS. ISHWAR CHANDRA MISHRA AND ORS. [LAWS(JHAR)-2015-11-55] [REFERRED TO]
SHIV KUMAR ARYA VS. NATIONAL INSURANCE CO LTD [LAWS(PAT)-2005-11-19] [REFERRED TO]
DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LTD VS. JAISHREE VERMA [LAWS(PAT)-2005-8-104] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. VIMAL DEVI [LAWS(SC)-2010-10-11] [REFERRED TO]
NATIONAL ALUMINIUM COMPANY VS. DANAMATI MALI [LAWS(ORI)-2002-4-19] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD VS. SANJUKTA DAS [LAWS(ORI)-2013-5-5] [REFERRED TO]
PRITPAL MITTAL VS. BAKHSHISH SINGH AND OTHERS [LAWS(P&H)-2017-3-11] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. HUKMI [LAWS(RAJ)-2006-8-64] [REFERRED TO]
SMT. SANTRA DEVI AND OTHERS VS. FIRM HARI SINGH PRATAP SING AND OTHERS [LAWS(RAJ)-2005-10-65] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD VS. SABRA BEGUM [LAWS(UTN)-2008-2-8] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. RAJNISH GUPTA [LAWS(P&H)-2012-2-41] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. K PONNUSAMY [LAWS(MAD)-2018-7-1010] [REFERRED TO]
ROYAL SUNDARAM ALLIANCE INSURNCE CO LTD VS. S. VANI [LAWS(MAD)-2019-6-255] [REFERRED TO]
M/S. UNITED INDIA INSURANCE CO. LTD. VS. SRI GOVIN CHANDRA AND ANR. [LAWS(GAU)-2017-11-49] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. SHAIK HUSAIN [LAWS(APH)-2002-8-120] [REFERRED]
NATIONAL INSURANCE CO. LTD. VS. SHANTA KESARAWANI [LAWS(ALL)-2013-8-153] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. SMT. DEBIKA KARMAKAR AND OTHERS [LAWS(CAL)-2004-9-92] [REFERRED TO]
NATIONAL INSURANCE CO. LTD VS. K.R.MURGESHAN [LAWS(DLH)-2012-7-702] [REFERRED TO]
NEELAM AND ORS. VS. MUNICIPAL CORPORATION OF DELHI AND ORS. [LAWS(DLH)-2015-8-311] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. VS. CHANDULAL GOKALDAS MEHTA (DECEASED) THROUGH SUNILBHAI C. MEHTA AND OTHERS [LAWS(GJH)-2003-3-68] [REFERRED TO]
SHANTABEN VS. YAKUBBHAI IBRAHIMBHAI PATEL [LAWS(GJH)-2006-12-17] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. VS. GOVIN CHANDRA [LAWS(GAU)-2018-11-165] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. MOHAMMAD YUNUS [LAWS(MPH)-2002-5-7] [REFERRED TO]
SALIJA VS. UNNIKRISHNAN [LAWS(KER)-2004-5-15] [REFERRED TO]
ORIENTAL FIRE GENERAL INSURANCE CO. LTD. VS. JASHWANTRAI JAYANTILAL MEHTA [LAWS(GJH)-2023-1-1884] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD. VS. SURAJ KALA [LAWS(ALL)-2023-8-26] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. KOKOLABEN WD OF RAMESHBHAI VAGHJIBHAI PATEL [LAWS(GJH)-2011-1-77] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. GALBIBEN DOSAJIBHAI MANJIBHAI [LAWS(GJH)-2009-3-347] [REFERRED TO]
Oriental Insurance Co., Ltd., Through its Regional Office, Leo Shopping Complex, No. 44/45 Residency Road, Bangalore - 560 025, Rep. By its Manager Sri K. Varadarajan VS. Sri K.C. Subramanyam, S/o Lt. Chakrapathi [LAWS(KAR)-2012-7-456] [REFERRED TO]
UNITED INDIA INSURANCE CO VS. HARI SHANKER [LAWS(ALL)-2022-5-251] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. KRISHNAN [LAWS(MAD)-2013-3-253] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD. VS. LAISAMMA VARGHESE [LAWS(KER)-2007-4-256] [REFERRED TO]
VIJAYALAKSHMI VS. RAJASEKHARAN NAIR [LAWS(KER)-2004-10-5] [REFERRED TO]
JACOB JOSEPH VS. DEVASSY [LAWS(KER)-2005-1-24] [REFERRED TO]
MALTI DEVI VS. RAJ BAHADUR [LAWS(ALL)-2009-4-781] [REFERRED TO]
NEW HIND TRANSPORT CO VS. NIPPA PODDAR [LAWS(ALL)-2007-7-92] [REFERRED TO]
SMT. RITA PODDAR & ORS. VS. NEW INDIA ASSURANCE CO. LTD. & ORS. [LAWS(CAL)-2016-6-125] [REFERRED TO]
BEERWATI ALIAS BEERMATI VS. HUKAM CHAND [LAWS(DLH)-2012-7-427] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. SHASHI BALA DEVI [LAWS(ALL)-2013-4-239] [REFERRED TO]
GOLLA LAKKAM KRISTAIAH VS. V SUBBA RAO [LAWS(APH)-2002-1-8] [REFERRED TO]
ZAMEER AHAMAD VS. B R NARAYANA SHETTY [LAWS(KAR)-2010-9-85] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. C SANTHAMANI [LAWS(MAD)-2002-12-129] [REFERRED TO]
BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED VS. GANESAN [LAWS(MAD)-2008-6-519] [REFERRED TO]
JAYHREE NARENDRA KATARIYA VS. SOMNATH DAMODHAR KALE [LAWS(BOM)-2009-11-102] [REFERRED TO]
JUGAL KISHORE VS. RAMLESH DEVI [LAWS(MPH)-2003-9-30] [REFERRED TO]
BABU MATHEW VS. BIJ MATHEW [LAWS(KER)-2008-8-17] [REFERRED TO]
VARJU VS. UNITED INDIA INSSURANCE CO LTD [LAWS(RAJ)-2005-1-44] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. HEMA SAH [LAWS(UTN)-2005-7-68] [REFERRED TO]
LAL PARI DEVI VS. RAMESHWAR SINGH [LAWS(PAT)-2005-12-15] [REFERRED TO]
SARDAR JAI SINGH CHAWALA VS. RAKSAKHI DEVI [LAWS(PAT)-2006-1-102] [REFERRED TO]
DIVISIONAL MANAGER, ORIENTAL FIRE & GENERAL INSURANCE CO.LTD VS. MOSMAT MUNAR DEVI [LAWS(PAT)-2006-12-62] [REFERRED TO]
MANAGER ORIENTAL INSURANCE COMPANY LTD , KARNATAKA VS. AASAITHAMBI [LAWS(MAD)-2020-11-19] [REFERRED TO]
DIVISIONAL MANAGER, NATIONAL INSURANCE CO , LTD VS. SHANTHI [LAWS(MAD)-2020-12-474] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD VS. SUMITJI ABHUJI THAKOR [LAWS(GJH)-2023-9-44] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. KALLITTIL KUNHIRAMA PODUVAL [LAWS(KER)-2002-2-20] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. CELINAMMA [LAWS(KER)-2003-1-68] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD VS. URMILA WD/O SUDHAKAR GANGARE [LAWS(BOM)-2004-6-110] [REFERRED TO]
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD VS. MANGALA W/O DHANAPAL PATIL AND ORS [LAWS(KAR)-2013-1-347] [REFERRED]
NEW INDIA ASSURANCE COMPANY LIMITED VS. SHARIFKHAN BABUSHAH RANA [LAWS(GJH)-2018-7-94] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. JABUBEN NARANBHAI BHARWAD [LAWS(GJH)-2019-1-38] [REFERRED TO]
SAROJ NAKARA AND ORS. VS. SURINDER SINGH AND ORS. [LAWS(DLH)-2016-1-194] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. SANAULLA KHAN & ORS [LAWS(KAR)-2023-11-43] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. REETA PORWAL [LAWS(ALL)-2008-7-31] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. BHADRAMMA [LAWS(KAR)-2009-1-4] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. PREMBAI PATEL [LAWS(SC)-2005-4-59] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD., VS. RAJARAM KOLE [LAWS(MPH)-2022-9-67] [REFERRED TO]
BRANCH MANAGER NEW INDIA ASSURNCE COMPANY LTD VS. JASU SUBBA [LAWS(SIK)-2011-3-1] [REFERRED TO]
STATE OF BIHAR VS. LALTUSH KUMAR [LAWS(PAT)-2000-11-10] [REFERRED TO]
THAPAR INTRAFOR CO LTD VS. SUMITRA DEVI [LAWS(UTN)-2006-5-7] [FOLLOWED ON]
NATIONAL INSURANCE COMPANY LTD. VS. PALANIAMMAL AND ORS. [LAWS(MAD)-2015-8-257] [REFERRED TO]
NATWAR LAL VS. GOTAM [LAWS(RAJ)-2007-11-58] [REFERRED TO]
GIRRAJ PRASAD VS. UNION OF INDIA [LAWS(P&H)-2014-3-571] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. RAMESH GUPTA [LAWS(P&H)-2006-1-17] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. AHEMMEDKUTTY M [LAWS(KER)-2013-6-220] [REFERRED TO]
VALIBEN LAXMANBHAI THAKORE (KOLI) VS. KANDLA DOCK LABOUR BOARD [LAWS(GJH)-2021-8-209] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. SELVAN [LAWS(MAD)-2023-4-74] [REFERRED TO]
NEW INDIA INSURANCE COMPANY LIMITED VS. MUNNI DEVI [LAWS(DLH)-2006-11-322] [REFERRED]
NEW INDIA ASSURANCE CO LTD VS. D MANOHARAN [LAWS(MAD)-2010-11-308] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD COIMBATORE VS. KOMALAM [LAWS(MAD)-2008-1-422] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. SHANTI DEVI [LAWS(ALL)-2013-3-161] [REFERRED TO]
SHAREEF AHMED VS. SURJO [LAWS(ALL)-2013-5-253] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD VS. SUMITRA BALKRISHAN MANTRI [LAWS(BOM)-2009-3-206] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. OLIVIA VAZ [LAWS(BOM)-2003-9-143] [REFERRED TO]
MAGMA VS. VEER SINGH [LAWS(MPH)-2016-7-159] [REFERRED TO]
SUKHIYA BAI VS. HARILAL [LAWS(MPH)-2003-2-86] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. HYDROSE [LAWS(KER)-2008-7-47] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. K R BINDU FB [LAWS(KER)-2003-1-51] [FOLLOWED ON]
NATIONAL INSURANCE COMPANY LIMITED VS. T. SABITHA AND ORS. [LAWS(APH)-2015-6-97] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. YALLAVVA [LAWS(KAR)-2020-5-131] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. GURUNATHAPPA [LAWS(KAR)-2020-12-201] [REFERRED TO]
GEETHA VS. G K SUBRAHMANYA [LAWS(KAR)-2008-5-1] [REFERRED TO]
ICICI LOMBARD GENERAL INSURANCE CO LTD VS. ASHABEN GAUTAMBHAI VALA [LAWS(GJH)-2008-5-13] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. CHANDULAL GOKALDAS MEHTA [LAWS(GJH)-2003-6-23] [REFERRED]
ORIENTAL INSURANCE CO LTD VS. RAJ KUMARI [LAWS(SC)-2007-11-58] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. KESHAV BAHADUR [LAWS(SC)-2004-1-54] [REFERRED TO]
ORIENTAL INSURANCE CO LIMITED VS. PARDIP SAHA & ANOTHER [LAWS(TRIP)-2015-3-69] [REFERRED]
NATIONAL INSURANCE CO LTD VS. NACHAMMAL DECEASED [LAWS(MAD)-2020-12-612] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD VS. SUSHEELA DEVI [LAWS(UTN)-2008-2-22] [REFERRED TO]
JAI SINGH CHAWALA VS. RAMSAKHI DEVI [LAWS(PAT)-2006-1-25] [REFERRED TO]
M P STATE ELECTRICITY BOARD & ORS VS. PRAMILABAI & ORS [LAWS(MPH)-2008-6-63] [REFERRED]
NATIONAL INSURANCE CO LTD VS. LAXMI [LAWS(RAJ)-2004-4-22] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. THROUGH DIVISIONAL MANAGER CUTTACK VS. MULJHIT KAUR AND OTHERS [LAWS(ORI)-2005-7-51] [REFERRED TO]
SENIOR BRANCH MANAGER NATIONAL INSURANCE CO LTD VS. NAMITA DIXIT [LAWS(SIK)-2009-12-3] [REFERRED TO]


JUDGEMENT

- (1.)These appeals are placed before us pursuant to the order of reference made in New India Assurance Co. v. C. M. Jaya and others ((1999) 2 SCC 47), which reads :-
"The question involved in these appeals is whether in a case of insurance policy not taking any higher liability by accepting a higher premium, in case of payment of compensation to a third party, the insurer would be liable to the extent limited under Section 95 (2) or the insurer would be liable to pay the entire amount and he may ultimately recover from the insured. On this question, there appears to be some apparent conflict in the two three-Judge Bench decisions of this Court (1) New India Assurance Co. Ltd. v. Shanti Bai, ((1995) 2 SCC 539) and (2) Amrit Lal Sood v. Kaushalya Devi Thapar ((1998) 3 SCC 744).

2. In the latter decision, unfortunately the decision in New India Assurance case (supra) has not been noticed though reference has been made to the decision of this Court in National Insurance Co. Ltd. v. Jugal Kishore, ((1988) 1 SCC 626), which was relied upon in the earlier three-Judge Bench judgment. In view of the apparent conflict in these two three-Judge Bench decisions, we think it appropriate that the records of this case may be placed before my Lord, the Chief Justice of India to constitute a larger Bench for resolving the conflict. We accordingly so direct. The record may now be placed before the Hon'ble the Chief Justice of India."

(2.)In the first place, we think it appropriate to have a closer look at the three decisions referred to in the above order.
(3.)In New India Assurance Co. Ltd. v. Shanti Bai and others, ((1995) 2 SCC 539), the facts were that on 3-1-1989 the deceased Laxman Singh, who was sitting on the top of the bus with the permission of the bus driver, respondent No. 5, who hit a tree by his rash and negligent driving. The legal heirs of Laxman Singh filed claim for compensation amounting to Rs. 7,81,000/- before the Motor Accident Claims Tribunal. The Triunal, by its order, awarded compensation of Rs. 1,10,000/- together with interest and directed the insurance company (the appellant before this Court) and the respondent Nos. 4 and 5, being the owner and driver of the bus, to pay the same. The appeal filed by the appellant before the High Court was dismissed. The short question that came up for consideration before this Court was whether the appellant was liable to pay compensation to the tune of Rs. 1,10,000/- together with interest thereon in the light of the contention of the appellant that its liability was limited to Rs. 15,000/-.
The owner of the bus had taken a comprehensive insurance policy on the estimated value of the vehicle at Rupees 2,50,000/-. In the schedule of premium an additional payment fo Rs. 600/- in respect of 50 passengers was shown. The appellant-company contended that this additional payment @ Rs. 12/- per passenger was to cover its limited liability of 50 passengers under Section 95 of the Motor Vehicles Act, 1939 (for short 'the Act').

Following the case of National Insurance Co. Ltd., New Delhi v. Jugal Kishore and others, ((1988) 1 SCC 626) and referring to the provisions of Section 95 of the Act, the Court stated thus :-

"These provisions were interpreted by this Court in the case of National Insurance Co. Ltd. v. Jugal Kishore. This Court observed that even though it is not permissible to use a vehicle unless it is covered at least under an "act only" policy, it is not obligatory for the owner of a vehicle to get it comprehensively insured. In case, however, it is got comprehensively insured, a higher premium is payable depending on the estimated value of the vehicle. Such insurance entitles the owner to claim reimbursement of the entire amount of loss or damage suffered up to the estimated value of the vehicle calculated according to the rules and regulations framed in this behalf. It has further observed as under :-

"Comprehensive insurance of the vehicle and payment of higher premium on this score, however, does not mean that the limit of the liability with regard to third party risk becomes unlimited or higher than the statutory liability fixed under sub-section (2) of Section 95 of the Act. For this purpose a specific agreement has to be arrived at between the owner and the insurance company and separate premium has to be paid on the amount of liability undertaken by the insurance company in this behalf."

In the present case, therefore, a comprehensive policy which has been issued on the basis of the estimated value of the vehicle of Rs. 2,50,000 does not automatically result in covering the liability with regard to third party risk for an amount higher than the statutory limit."

(Emphasis supplied)

The Court went on to say that "The mere fact that the insurance policy is comprehensive policy will not help the respondents in any manner. As pointed out by this Court in the case of National Insurance Co. Ltd. v. Jugal Kishore, comprehensive policy only entitles the owner to claim reimbursement of the entire amount of loss or damage suffered up to the estimated value of the vehicle. It does not mean that the limit of liability with regard to third party risk becomes unlimited or higher than the statutory liability. For this purpose, a specific agreement is necessary which is absent in the present case." In this view this Court allowed the appeal and held that the liability of the appellant was limited to Rs. 15,000/-.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.