{"id":258036,"date":"2006-04-06T00:00:00","date_gmt":"2006-04-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/ms-united-india-insurance-vs-arumugham-on-6-april-2006"},"modified":"2015-07-18T19:55:00","modified_gmt":"2015-07-18T14:25:00","slug":"ms-united-india-insurance-vs-arumugham-on-6-april-2006","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/ms-united-india-insurance-vs-arumugham-on-6-april-2006","title":{"rendered":"Ms. United India Insurance … vs Arumugham on 6 April, 2006"},"content":{"rendered":"
Madras High Court<\/div>\n
Ms. United India Insurance … vs Arumugham on 6 April, 2006<\/div>\n
       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\n\nDATED : 06.04.2006\n\n\nCORAM:\nTHE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN\n\n\nC.M.A.No.1546 of 1997\n\n\nMs. United India Insurance Company Limited\nSuper Bazaar, Trichy.\t\t\t\t\t...Appellant\n\n\nVs\n\n1. Arumugham\n2. Dhanabal\t  \t\t\t\t         ...Respondents\n\n\nPrayer\n\n\nAppeal filed under Section 30<\/a> of Workmen's compensation Act,  against\nthe order passed by the Commissioner under Workmen's Compensation Act<\/a> (Deputy\nCommissioner of Labour) Trichy, made in W.C. No. 72 of 1996, dated 17.4.1997.\n\n\n!For Appellant       \t...\tMr. J.S.Murali.\n\n\n^For Respondents  \t...\tMr.A.Saravanan\n\n\n:JUDGMENT\n<\/pre>\n
\t This appeal has been preferred against the award passed in W.C.No.72 of
\n1996 on the file  of the Commissioner under Workmen’s Compensation Act<\/a> (Deputy
\nCommissioner of Labour) Trichy, made in W.C. No. 72 of 1996, dated 17.4.1997.
\nThe  United India Insurance Co., Ltd.,\/2nd respondent in W.C.No.72 of 1996 is
\nthe appellant herein.\n<\/p>\n
\t2. The facts in brief are as follows:\n<\/p>\n
On 22.4.1996, the claimant’s wife Valliyammai, while employment under the first
\nrespondent, while travelling in a lorry bearing Registration No.TNY-3597 , due
\nto the rash and negligent driving of the driver of the  said lorry met with an
\naccident resulting the death of the above said Valliyammai, who was aged 45 at
\nthe time of accident.  Hence, claiming  a sum of Rs.2,00,000\/- towards
\ncompensation, the widower has filed the  claim petition in W.C.No.72 of 1996.\n<\/p>\n
\t3. The first respondent in his counter has stated that the said
\nValliyammai died during the course of employment.  But the award of
\ncompensation, if any, is to be paid only by the insurer, the second respondent .\n<\/p>\n
\t4. The second respondent in his counter has contended that the lorry
\nbearing Registration No.TNY-3597 which involved in the accident, was not insured
\nwith the second respondent by the first respondent, the owner of the said lorry.
\nThe deceased Valliyammai was not a load woman under the first respondent and she
\nwas not drawing a sum of Rs.2,000\/- per mensum towards her wages. The accident
\nhad occurred during the said Valliyammai was in the course of her employment
\nunder the first respondent.\n<\/p>\n
\t5. Before the Deputy Commissioner of Labour (The Commissioner under
\nWorkmen’s Compensation Act<\/a>) Trichi P.W.1 was examined and Ex P1 to P3 were
\nmarked on the side of the claimants and  Ex R1 and  Ex R2  were exhibited but no
\noral evidence was let in on the side of the respondents.\n<\/p>\n
\t6. On the basis of the available oral and documentary evidence, the
\nDeputy Commissioner of Labour (The Commissioner under Workmen’s Compensation
\nAct<\/a>) Trichi has held that the accident had occurred only during the course of
\nemployment and that the appellant herein Insurance Company is liable to pay the
\ncompensation awarded in W.C.No.72 of 1996.  Aggrived by the said award in
\nW.C.No.72 of 1996, the second respondent Insurance Company has preferred this
\nappeal.\n<\/p>\n
\t7. Now the substantial question of law involved in this appeal is whether
\nthe appellant\/Insurance Company is liable to pay the compensation awarded in
\nW.C.No.72 of 1996 in the absence of  any policy on the date and time of the
\naccident?\n<\/p>\n
\t8.  The Point:\n<\/p>\n
The learned counsel for the appellant would contend that the accident had
\noccurred  only at 11.30 a.m., on 22.4.1996 and that as per Ex R2(2), the policy
\nwas in force from 2.3.1995 to 11.3.1996 for the vehicle involved in the
\naccident. But, subsequently, the policy was not renewed for the vehicle till
\n4.00p.m., on 22.4.1996 and that under Ex R2(1), the Insurance policy was taken
\nfor the vehicle, which involved in the accident bearing Registration No.TNY
\n3597, lorry on 22.4.1996 from 4.00 p.m., to 21.4.1997. So from 1.4.1996 to
\n22.4.1996 3.59p.m., there was no policy in force for the vehicle which involved
\nin the  accident.  The learned counsel for the appellant would contend that
\nsince there was no Insurance policy on force at the time of date of accident,
\nthe appellant is not liable to pay the compensation. The learned counsel in
\nsupport of his contention, has relied on New India Assurance Co., Ltd-vs- Sita<\/a>
\nbai and others(2000 ACJ 40) .  The facts of the said case are that a claim
\npetition was filed  claiming compensation for an accident which took place at
\n10.00 a.m., on 16.4 1987, the vehicle which involved in the said accident
\nbearing Registration No.CPO 9104 owned by the respondent No.5 and driven by
\nrespondent No.6 in that case. The said bus involved in an accident in which one
\nSalta Bai suffered fatal injuries.  The Tribunal has awarded compensation on the
\nground that the bus which involved in the accident was insured with the
\nappellant Insurance Company for the period from 16.4.1987 to 15.4.1988. In that
\ncase, a proposal for insuring the vehicle which involved in the accident was
\nmade by the owner on 16.4.1987 at 21.00 hours.  The cover note was issued by the
\nappellant in respect of that vehicle on 16.4.1987 at 21.00 hours and the
\nInsurance Company Ex.P.5 was later on issued  in which also the date of
\ncommencement of the Insurance policy was recorded as 16.4.1987(21.00 hours). But
\nthe accident had occurred on 16.4.1987 at 10.00 a.m.,  The question that arose
\nfor consideration before the Apex Court in the said case was whether the
\nInsurance Company is liable to pay the compensation.  While deciding the case in
\nfavour of the Insurance Company to the effect that  the Insurance Company is not
\nliable to pay the compensation, since there was no policy in force at the time
\nof accident.  The Full Bench of the Honourable Apex Court has held as follows:
\n” The correctness and applicability of the Judgement in Ram Dayal’s case, 1990
\nACJ 545(SC) came up for consideration before this Court subsequently in a number
\nof cases.  In New India Assurance Co., Ltd., v. Bhagwati Devi, I999 ACJ 534(SC),
\na three-Judge Bench of this Court relied upon the view taken in National
\nInsurance Co., Ltd., .v. Jikubhai Nathuji Dabhi<\/a> 1997 ACJ 351(SC) wherein it had
\nbeen held that if there is a special contract, mentioning in the policy the time
\nwhen it was bought, the insurance policy would be operative from that time and
\nnot from the previous midnight as was the case inRam Deyal(Supra) where no time
\nfrom which the insurance policy was to become effective had been mentioned.  It
\nwas held that  should there be no contract to the contrary,an Insurance policy
\nbecomes operative from the previous midnight, when bought during the day
\nfollowing, but, in cases where there is a mention of the specific time for the
\npurchase of the policy, then a special contract comes into being and the  policy
\nbecomes effective from the time mentioned in the cover note of the policy
\nitself.  The Judgment in Jikubhai’s case(supra) has been subsequently followed
\nin Oriental Insurance Com., Ltd., v.Sunita Rathi<\/a> 1998 ACJ 121(SC), by a three
\nJudge Bench of this Court also.\n<\/p>\n
\tIn the fact situation of this case since the commencement of the policy at
\n21.00 hours on 16.4.1987 was after the accident which had occurred at 10.00
\nhours on 16.4.1987, the Tribunal as well as the High Court were wrong in
\nburdening the appellant Insurance Company with any  liability under Section 92-A<\/a>
\nof the Motor Vehicles Act by applying the law laid down in Ram Dayal’s case 1990
\nACJ 545(SC), which, on facts, had no application to this case.  This case is
\nsquarely covered by the Judgment in Jikubhai’s case 1997 ACJ 351(SC) and the
\nother Judgments following it as noticed above”.\n<\/p>\n
The facts in  Oriental Insurance Co., Ltd.,-v- Sunita Rathi and others(1998 ACJ\n<\/p>\n
121) are that the accident in that case took place at 2.20p.m., on 10.12.1991.
\nThe Insurance policy was taken on 10.12.1991 at 2.55p.m.,, ie., 35 minutes after
\nthe accident.  The same point was mooted before the Apex Court where the
\nInsurance Company is liable to pay the compensation for an accident which took
\nplace 35 minutes before the insurance policy was taken in respect of the vehicle
\nwhich involved in the accident. Following the dictum in 1997 ACJ 351(SC)
\nNational Insurance Company Ltd., v. Jikubhai Nathuji Dabhi<\/a>, the Apex Court as
\nfollows:\n<\/p>\n
“It follows that the insurer cannot be held liable on the basis of the above
\npolicy in the present case and, therefore, the liability has to be of the owner
\nof the vehicle”\n<\/p>\n
The above said ratio of the Apex Court was followed by a Division Bench of this
\nCourt in  National Insurance Co., Ltd.,-v- Geetha and others(2006 ACJ 700).
\nThe facts are the accident occurred on 15.6.1995 at 5.30 a.m.,  Cheque towards
\npremium was given on 12.6.1998 and it was contended that as premium was paid
\nanterior to the accident, the Insurance Company is  liable to pay the
\ncompensation. But in that case, it has been specifically stated in the policy
\nthat the commencement of the policy was from 10.00 a.m., on 15.6.1998  to mid
\nnight of 14.6.1999.  It was held that the Insurance Company under such
\ncircumstances is not liable to pay any compensation since, there is  specific
\ntime and date  mentioned in the policy.  The learned counsel appearing for the
\nappellant has also relied  on another  Division Bench  decision of this Court
\nin National Insurance Co., Ltd, Motor Third Party Claims-vs- N.Ponnaiyan @
\nKolappan and others(2004(1)TNMAC 63(DB) wherein the accident took place on
\n12.7.1991 at 3.00.p.m., and the insurance policy was  in effect from 7.15 p.m.,
\non 12.7.1991. The Division Bench holding that the Insurance Company is not
\nliable to indemnify the insured because there was no policy in force at the time
\nof accident. The relevant observation in the said judgment is as follows:
\n” There is no dispute that the accident had occurred on 12.7.1991 at 3.00p.m., .
\nIn the policy – Ex R2 , it is specifically stated that the policy comes into
\neffect from 7.00 p.m., on 12.7.1991.  Though the Deputy Commissioner relying on
\nthe earlier decisions has concluded that irrespective of the fact that the
\npolicy was taken on 7.00 p.m., directed the Insurance Company to deposit the
\ncompensation amount.  In the light of the decision of the Supreme Court cited
\nsupra, we are unable to accept the conclusion arrived at by the Commissioner .
\nIn the said decision, their Lordships after considering various earlier
\ndecisions held that,
\n” The correctness and applicability of the Judgement in Ram Dayal’s case, 1990
\nACJ 545(SC) came up for consideration before this Court subsequently in a number
\nof cases.  In New India Assurance Co., Ltd., v. Bhagwati Devi, I999 ACJ 534(SC),
\na three-Judge Bench of this Court relied upon the view taken in National
\nInsurance Co., Ltd., .v. Jikubhai Nathuji Dabhi<\/a> 1997 ACJ 351(SC) wherein it had
\nbeen held that if there is a special contract, mentioning in the policy the time
\nwhen it was bought, the insurance policy would be operative from that time and
\nnot from the previous midnight as was the case inRam Deyal(Supra) where no time
\nfrom which the insurance policy was to become effective had been mentioned.  It
\nwas held that  should there be no contract to the contrary,an Insurance policy
\nbecomes operative from the previous midnight, when bought during the day
\nfollowing, but, in cases where there is a mention of the specific time for the
\npurchase of the policy, then a special contract comes into being and the  policy
\nbecomes effective from the time mentioned in the cover note of the policy
\nitself.  The Judgment in Jikubhai’s case(supra) has been subsequently followed
\nin Oriental Insurance Com., Ltd., v.Sunita Rathi<\/a> 1998 ACJ 121(SC), by a three
\nJudge Bench of this Court also.\n<\/p>\n
The above said dictums of the Apex Court will squarely applicable to the present
\nfacts of the case.  Herein also, the policy specifically mentions the time of
\ncommencement as 4.00p.m.,on 22.4.1996 whereas the accident had occurred on
\n22.4.1996 at 11.30 a.m.,.  Under such circumstances, the Insurance Company is
\nnot liable to pay the compensation awarded by the Deputy Commissioner of
\nLabour(The Commissioner under Workmen’s Compensation Act<\/a>) in W.C.No.72 of 1996
\nbecause there was no policy in force at the time of accident. Hence I hold on
\nthe point that the award passed in W.C.No.72 of 1996 as against the
\nappellant\/second respondent in W.C.No.72 of
\n1996 is liable to be set aside for the reasons stated in the memorandum of
\nappeal in C.M.A.No.1546 of 1997. The point is answered accordingly.\n<\/p>\n
\t9. In the result, the appeal is allowed and the award passed in W.C.No.72
\nof 1996 as against the appellant herein is hereby set aside.  The first
\nrespondent in W.C.No.72 of 1996  as the owner of the lorry which involved in the
\naccident bearing Registration No.TNY 3597 is liable to pay the compensation to
\nthe claimants in W.C.No.72 of 1996. No costs.\n<\/p>\n
sg<\/p>\n
To
\nThe Commissioner under Workmen’s compensation Act
\n(Deputy Commissioner of Labour)
\nTrichirapalli.\n<\/p>\n
\n","protected":false},"excerpt":{"rendered":"
Madras High Court Ms. United India Insurance … vs Arumugham on 6 April, 2006 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2006 CORAM: THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN C.M.A.No.1546 of 1997 Ms. United India Insurance Company Limited Super Bazaar, Trichy. …Appellant Vs 1. Arumugham 2. Dhanabal …Respondents Prayer Appeal filed under Section […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-258036","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nMs. United India Insurance ... vs Arumugham on 6 April, 2006 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/ms-united-india-insurance-vs-arumugham-on-6-april-2006\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Ms. United India Insurance ... vs Arumugham on 6 April, 2006 - 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