NINGAMMA & ANR. versus UNITED INDIA INSURANCE CO. LTD.

Citation: [2009] 8 S.C.R. 683 · Decided: 13-05-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Disposed off
Cited by 5 judgment(s) · cites 1 · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

[2009] 8 S.C.R. 683 
. 
..,. 
NINGAMMA & ANR. 
A 
v. 
UNITED INDIA INSURANCE CO. LTD. 
(Civil Appeal No. 3538 of 2009) 
MAY 13, 2009 
8 
[S.B. SINHA AND DR. MUKUNDAKAM SHARMA, JJ.] 
,-) 
Motor Vehicles Act, 1988: 
Sections 147, 163A, 166 - Compensation - Whether the c 
legal representatives of a person who was driving a borrowed 
Motor Vehicle and met with an accident without involving any 
other vehicle would be entitled to compensation - Held: A 
party should not be deprived from getting just compensation 
" 
in case the claimant is able to make out a case under any 
provision of law - Whether or not the claimants would be 
D 
governed by the terms and conditions of insurance policy, 
whether s.147 would be applicable and whether or not there 
was rash and negligent driving on the part of the deceased 
are matters of fact required to be answered at/east by the High 
E 
Court - All the said issues being purely questions of fact, 
matter remanded to the High Court -
Question of 
_,, 
compensation having regard to earning capacity to be 
-i 
decided by High Court - Since the claim is a very old claim, 
High Court to consider the matter as expeditiously as 
F 
possible. 
Deepal Girishbhai Soni v. United India Insurance Co. 
Ltd., (2004) 5 SCC 385; Oriental Insurance Co. Ltd. v. Meena 
Variyal, (2007) 5 SCC 428; Oriental Insurance Co. Ltd. v. 
Rajni Devi, (2008) 5 SCC 736; New India Assurance Co. Ltd. 
G 
~ 
v. Sadanand Mukhi and Ors., (2009) 2 SCC 417; Raj Rani 
& Ors. v. Oriental Insurance Co. Ltd. & Ors., [C.A. Nos. 3317-
3318 of 2009 decided by S.C. on 06.05.2009] and Nagappa 
v. Gurudaya/ & Ors., (2003) 2 SCC 274, referred to. 
683 
H 
684 
SUPREME COURT REPORTS 
[2009] 8 S.C.R. 
A 
Case Law Reference: 
(2004) 5 sec 385 
referred to 
Para 15 
(2001) 5 sec 428 
referred to 
Para 15 
B 
(2008) 5 sec 736 
referred to 
Para 17 
(2009) 2 sec 417 
referred to 
Para 17 
(2003) 2 sec 214 
referred to 
Para 23 
~·' 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
c 3538 of 2009. 
From the Judgment & Order dated 19.11.2007 of the High 
Court of Karnataka, Bangalore in Review Petition No. 337 of 
2007 in Miscellaneous First Appeal No. 4152 of 2005. 
D 
WITH 
)' 
C.A. No. 3540 of 2009. 
Shekhar G. Oevasa, B.V. Pinto, Rohit Pandey (for V.N. 
E Raghupathy) for the Appellant. 
K.l..Nandwani (for Debasis Misra) for the Respondent. 
The Judgment of the Court was delivered by 
)'-
F 
DR. MUKUNDAKAM SHARMA, J. 1. Leave granted. 
2. Since both these appeals arise out of the same set of 
facts and involve similar questions of law, we propose to 
dispose of both these appeals by this common judgment. 
G 
3. The present appeals arise out of a motor accident 
claim. The claimant no. 1 and 2 are the wife and ·son 
~ 
respectively of the deceased-Ramappa. On 09.09.2000, the 
deceased was traveling on Hero Honda Motor Cycle, which he 
borrowed from its real owner for going from llkal to his native 
H place Gudur. When the said motor cycle was proceeding on 
-
NINGAMMA & ANR. v. UNITED INDIA INSURANCE 685 
.. '), 
CO. LTD. [DR. MUKUNDAKAM SHARMA, J.] 
llkal-Kustagl, National Highway, a bullock cart pro~eeding A 
ahead of the said motor cycle carrying iron-sheet suddenly 
stopped and consequently deceased-Ramappa who was 
proceeding on the said motor cycle dashed against it. 
Consequent to the aforesaid incident, he sustained fatal injuries 
over his vital part of body and on the way to Govt. Hospital, llkal, B 
_,--'!'. 
he died. The doctor of the general hospital, llkal conducted post 
mortem examination over dead body of the deceased and gave 
his opinion that the death of the deceased was caused due to 
hemorrhage and shock due to the injury to his liver. The 
aforesaid motor cycle in which the deceased was traveling at c 
the time of accident was insured with the Insurance Company, 
namely, the United India Insurance Co. Ltd. and the said motor 
cycle was owned by one Paranagouda. 
/ 
.. 
4. On 04.10.2000 Appellant No. 1, the wife of the 
deceased and Appellant No. 2 - minor son of the deceased D 
filed a claim petition under Section 163-A of Motor Vehicles 
Act, 1988 (in short 'the MVA') before the Motor Accident 
Claims Tribunal No. VI, Bijapur, Karnataka (in short 'the 
Tribunal') being M.V.C. No. 896/2000 praying for compensation 
of Rs. 8, 10,000/- along with future interest etc. on the ground E-
that at the time of accident the deceased was a healthy person, 
j 
aged about 32 years and engaged in agriculture, earning Rs. 
_, 
5,000
Excerpt shown. Read the full judgment & AI analysis in Lexace.