FAHIM AHMAD Vs. UNITED INDIA INSURANCE CO. LTD.
LAWS(SC)-2014-3-42
SUPREME COURT OF INDIA
Decided on
March 25,2014
FAHIM AHMAD
Appellant
VERSUS
UNITED INDIA INSURANCE CO. LTD.
Respondents
Cited Judgements :-
ORIENTAL INSURANCE VS. ASHWINKUMAR P. UPADHYAY [LAWS(GJH)-2019-6-92] [REFERRED TO]SENIOR DIVISIONAL MANAGER NEW INDIA ASSURANCE CO LTD VS. KAMLA DEVI AND OTHERS [LAWS(ALL)-2017-10-32] [REFERRED TO]
SUNIL YEDUNATH DIXIT VS. PANDURANG RAMJI GAROLE [LAWS(BOM)-2018-10-319] [REFERRED TO]
GIRDHAN LAL JAISWAL AND ANOTHER VS. PARDEEP SINGH AND OTHERS [LAWS(CHH)-2014-5-30] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. AND ORS. VS. MEENA BALKRUSHNA KHANDAGALE AND ORS. [LAWS(BOM)-2016-3-38] [REFERRED TO]
KANTA VS. DILIP [LAWS(BOM)-2023-7-610] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. VS. KAMLESH RANI AND OTHERS [LAWS(P&H)-2016-5-658] [REFERRED TO]
THE NATIONAL INSURANCE COMPANY LTD. VS. SMT. BALKISH AND OTHERS [LAWS(HPH)-2016-6-122] [REFERRED TO]
MANJU GUPTA VS. PRATAP SINGH [LAWS(DLH)-2015-5-431] [REFERRED TO]
GENERAL INSURANCE CO LTD VS. MUSTKEEM & ORS [LAWS(DLH)-2017-12-373] [REFERRED TO]
RELIANCE GENERAL INSURANCE CO LTD. VS. MUSTKEEM & ORS. [LAWS(DLH)-2017-12-481] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. VOGGANI CHINNA VENKATAIAH [LAWS(APH)-2014-9-166] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. HABIB KHALED HABIB MOHAMMAD [LAWS(BOM)-2019-11-24] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. ZAHIDA & OTHRS [LAWS(ALL)-2018-5-574] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. FARJANA AND OTHERS [LAWS(UTN)-2019-3-33] [REFERRED TO]
SURJIT SINGH VS. DINESH KUMAR AND OTHERS [LAWS(P&H)-2019-4-82] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD. VS. SURINDER AND ORS. [LAWS(P&H)-2015-10-206] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD. VS. TRIBE (TARIBEN) VAGABHAI CHANDIABHAI GAMIT [LAWS(GJH)-2021-12-1332] [REFERRED TO]
SARWAN SINGH VS. BIMLA SHARMA [LAWS(HPH)-2014-5-42] [REFERRED TO]
ICICI LOMBARD GENERAL INSURANCE CO. LTD. VS. AMARSINH CHANDRASINH PARMAR [LAWS(GJH)-2022-3-1034] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. JAHANARA KHATUN [LAWS(GAU)-2024-4-4] [REFERRED TO]
KANTA VS. DILIP [LAWS(BOM)-2023-7-624] [REFERRED TO]
SHAMIM AHMAD & ORS VS. NATIONAL INSURANCE CO LTD & ORS [LAWS(UTN)-2017-8-123] [REFERRED TO]
DIVISIONAL MANAGER, IFFCO TOKIO GENERAL INSURANCE CO LTD VS. BASAMMA [LAWS(KAR)-2016-6-247] [REFERRED]
NEW INDIA ASSURANCE COMPANY LIMITED VS. SANABHAI MANGALBHAI MACHHI [LAWS(GJH)-2019-1-76] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD. VS. PRAKASHO DEVI [LAWS(HPH)-2016-6-95] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. KHAMRUNNISA BEGUM AND ORS. [LAWS(BOM)-2015-11-96] [REFERRED TO]
RAM BAKSH SINGH AND ORS. VS. GEETA DEVI AND ORS. [LAWS(ALL)-2016-2-110] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. DIPTI DUTTA [LAWS(GAU)-2024-5-51] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER AND AUTHORISED REPRESENTATIVE & SIGNATORY AHMEDNAGAR DIVISIONAL OFFICE, KISAN KRANTI BUILDING, AHMEDNAGAR, DIST. AHMEDNAGAR VS. LAILA AYYUB SAYYAD [LAWS(BOM)-2016-12-172] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. MAKUBEN RANCHHODBHAI CHAND [LAWS(GJH)-2018-8-38] [REFERRED TO]
THE DIVISIONAL MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., BUSINESS UNIT KSCMF BUILDING, V FLOOR, III BLOCK, 4TH CROSS, CUNNINGHAM ROAD, BANGALORE VS. SMT. BASAMMA, W/O. BASAPPA, AGE: ABOUT 55 YEARS, OCC: AGRICULTURE, R/O. ARALALLI, TQ: GANGAVATHI, DIST: KOPPAL [LAWS(KAR)-2016-6-328] [REFERRED TO]
BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY VS. SITA DEVI AND ORS. [LAWS(PAT)-2016-2-12] [REFERRED TO]
SURESH KUMAR VS. ORIENTAL INSURANCE CO. LTD. AND ORS. [LAWS(KER)-2015-7-47] [REFERRED TO]
SUDHA SURESH SIDDI VS. NAZIRSAB JALLISAB HASIMNAVAR [LAWS(KAR)-2018-8-75] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. JIVTABHAI MERA KOLI & 7 [LAWS(GJH)-2015-9-203] [REFERRED]
ORIENTAL INSURANCE CO. LTD. VS. PRADIP DAS AND ORS. [LAWS(CAL)-2015-11-72] [REFERRED TO]
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD VS. NINGAVVA [LAWS(KAR)-2018-8-375] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. VS. SUNITA DEVI [LAWS(ALL)-2023-7-115] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. UTTAMBEN NANSINGH VASAVA [LAWS(GJH)-2017-3-313] [REFERRED TO]
BRANCH MANAGER, RELIANCE GEN INS CO LTD , HUBLI VS. KRISHNA RAMASWAMY AND ANOTHER [LAWS(KAR)-2016-3-400] [REFERRED]
SHANTHAMMA VS. NARAYANAPPA [LAWS(KAR)-2016-8-118] [REFERRED]
ORIENTAL INSURANCE COMPANY LIMITED VS. VISHWANATHA [LAWS(KAR)-2020-9-225] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD. VS. SALEMWATI AND OTHERS [LAWS(P&H)-2017-8-287] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. ROOP CHAND [LAWS(HPH)-2015-3-48] [REFERRED TO]
JUDGEMENT
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(1.)The short question, which arises for consideration in this appeal, is who is liable to pay the amount of compensation awarded by the Motor Accident Claims Tribunal, Udham Singh Nagar (for short, 'the Tribunal') in M.A.C.P. No. 98/2003 vide Award dated 06.08.2004.
(2.)Brief facts of the case are thus : On 06.03.2003, the deceased Atma Singh, the husband of appellant -
(3.)No. 1 and the father of appellants No. 2 and 3 herein, was going from Kashipur crossing towards Tada Ujjain. When he reached the Station Road in front of godown, suddenly one tractor having registration No. UP-21-H-4596 coming at a high speed in a rash and negligent manner hit the deceased from behind, as a result of which, he became seriously injured and died on the spot. Thus, the appellants-claimants claimed compensation of Rs.5,00,000/- and averred that the deceased was 49 years' old having monthly income of Rs.4,600/- (Rs.3,600/- from mason work and Rs.1,000/- from selling of milk of 2 3 buffaloes). The Tribunal assessed the annual income of the deceased at Rs.24,000/- and applying the multiplier of 13, awarded the compensation of Rs.3,12,000/- with interest. However, the Tribunal held the Insurance Company, i.e., respondent No. 1 herein, liable to pay the said compensation because the tractor was insured with it as per rule at the time of the accident.
(2.)Brief facts of the case are thus : On 06.03.2003, the deceased Atma Singh, the husband of appellant -
(3.)No. 1 and the father of appellants No. 2 and 3 herein, was going from Kashipur crossing towards Tada Ujjain. When he reached the Station Road in front of godown, suddenly one tractor having registration No. UP-21-H-4596 coming at a high speed in a rash and negligent manner hit the deceased from behind, as a result of which, he became seriously injured and died on the spot. Thus, the appellants-claimants claimed compensation of Rs.5,00,000/- and averred that the deceased was 49 years' old having monthly income of Rs.4,600/- (Rs.3,600/- from mason work and Rs.1,000/- from selling of milk of 2 3 buffaloes). The Tribunal assessed the annual income of the deceased at Rs.24,000/- and applying the multiplier of 13, awarded the compensation of Rs.3,12,000/- with interest. However, the Tribunal held the Insurance Company, i.e., respondent No. 1 herein, liable to pay the said compensation because the tractor was insured with it as per rule at the time of the accident.
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