The Madras High Court has ruled that an insurance company is entitled to retrieve the compensation amount deposited in a motor accident case where the deceased was solely responsible for the accident due to negligent driving. The case involved a Toyota Qualis Car that met with an accident in 2009, resulting in the death of the driver. The driver’s wife filed a claim petition seeking compensation of Rs 3,93,500, which was awarded by the Motor Accidents Claims Tribunal, along with interest. However, the insurance company appealed to the High Court, arguing that the accident occurred solely due to the driver’s rash and negligent act.<\/p>\n
The High Court’s Single Bench, consisting of Justice R. Poornima, observed that when a person borrows a vehicle and drives it, they step into the shoes of the owner. In this case, the deceased drove the vehicle negligently and was solely responsible for the accident, which means he cannot claim compensation from the insurance company as he does not fall within the category of a third party. The court referred to a Supreme Court decision in Ramkhiladi and another Vs. United India Insurance Company and another (2020), which held that a claim petition under Section 163-A is not maintainable by the borrower\/permissive user of the vehicle against the owner and\/or insurer.<\/p>\n
The court also noted that the FIR recorded the deceased as the driver responsible for the accident, and the claimant did not dispute this fact. During the trial, the claimant admitted that her husband was driving the vehicle at the time of the accident. The court concluded that the deceased was not entitled to maintain a claim for compensation as he had borrowed the vehicle from the lawful owner and driven it negligently, resulting in the accident. Therefore, the insurance company was entitled to get back the deposited amount. The High Court allowed the appeal and set aside the impugned order of the Tribunal, directing the insurance company to retrieve the deposited amount. The case highlights the importance of determining liability in motor accident cases and the application of Section 163-A of the Motor Vehicles Act.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Madras High Court has ruled that an insurance company is entitled to retrieve the compensation amount deposited in a motor accident case where the deceased was solely responsible for the accident due to negligent driving. The case involved a Toyota Qualis Car that met with an accident in 2009, resulting in the death of […]<\/p>\n","protected":false},"author":1,"featured_media":221269,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"fifu_image_url":"","fifu_image_alt":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[22,39],"tags":[],"class_list":["post-222436","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-insurance","category-united-india-insurance"],"jetpack_featured_media_url":"https:\/\/smallnews.in\/insurance\/wp-content\/uploads\/sites\/5\/2025\/04\/united-india-insuracne.jpg","jetpack_shortlink":"https:\/\/wp.me\/p9ibIB-VRG","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":222528,"url":"https:\/\/smallnews.in\/insurance\/2025\/12\/27\/the-supreme-court-has-ruled-that-an-insurance-company-is-not-liable-to-pay-compensation-in-cases-where-the-death-of-a-person-occurs-due-to-their-own-rash-and-negligent-driving\/","url_meta":{"origin":222436,"position":0},"title":"The Supreme Court has ruled that an insurance company is not liable to pay compensation in cases where the death of a person occurs due to their own rash and negligent driving.","author":"Team Small News","date":"December 27, 2025","format":false,"excerpt":"The Supreme Court of India has ruled that insurance companies are not responsible for paying compensation to the families of drivers who die as a result of their own reckless or negligent driving. This decision was made in a case where a man, N S Ravisha, died in a car\u2026","rel":"","context":"In "Insurance"","block_context":{"text":"Insurance","link":"https:\/\/smallnews.in\/insurance\/category\/insurance\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":222426,"url":"https:\/\/smallnews.in\/insurance\/2025\/12\/15\/insurance-companies-are-not-liable-to-pay-compensation-for-deaths-caused-by-rash-driving-according-to-a-ruling-by-the-supreme-court\/","url_meta":{"origin":222436,"position":1},"title":"Insurance companies are not liable to pay compensation for deaths caused by rash driving, according to a ruling by the Supreme Court.","author":"Team Small News","date":"December 15, 2025","format":false,"excerpt":"The Supreme Court of India has ruled that insurance companies are not obligated to pay compensation to victims who die due to rash and negligent driving. This decision was made in a case where a man, N.S. Ravisha, died in a car accident on June 18, 2018, while driving at\u2026","rel":"","context":"In "Insurance"","block_context":{"text":"Insurance","link":"https:\/\/smallnews.in\/insurance\/category\/insurance\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":222563,"url":"https:\/\/smallnews.in\/insurance\/2026\/01\/01\/the-kerala-high-court-has-stated-that-the-mere-presence-of-alcohol-in-a-persons-system-does-not-necessarily-imply-that-they-were-intoxicated-and-therefore-should-not-be-a-grounds-for-denying-health\/","url_meta":{"origin":222436,"position":2},"title":"The Kerala High Court has stated that the mere presence of alcohol in a person’s system does not necessarily imply that they were intoxicated, and therefore, should not be a grounds for denying health insurance claims. When selecting a suitable health policy, consider the following factors: \n\nCoverage and Benefits: Assess the extent of coverage, including the types of medical expenses covered, and any additional benefits such as critical illness coverage or maternity benefits.\nPremium Costs: Evaluate the cost of premiums in relation to the coverage provided, considering both the amount and the frequency of payments.\nDeductibles and Copays: Understand the out-of-pocket expenses you’ll need to pay before insurance coverage kicks in, including deductibles, copays, and coinsurance.\nNetwork Providers: Check if your preferred healthcare providers are part of the insurer’s network to avoid out-of-network costs.\nPre-existing Conditions: If you have any pre-existing medical conditions, look for policies that offer coverage with minimal waiting periods.\nClaim Process: Research the ease and efficiency of the claim filing and settlement process.\nPolicy Flexibility: Consider policies that offer flexibility in terms of coverage options, premium payment modes, and the ability to make changes as your health needs evolve.\nInsurer Reputation: Evaluate the insurance company’s reputation for customer service, claim settlement ratio, and overall reliability.\nRiders and Add-ons: Assess any additional riders or add-ons that can enhance your policy, such as accidental death benefit or waiver of premium.\nRenewal and Lifelong Coverage: Check the policy’s renewal terms and whether it offers lifelong coverage without any upper age limit for renewal.","author":"Team Small News","date":"January 1, 2026","format":false,"excerpt":"The Kerala High Court has made a significant ruling that insurance companies cannot reject accident-related claims solely because the driver had alcohol in their system at the time of the incident. The court stated that insurers must prove actual intoxication or impairment of faculties to deny compensation. This ruling came\u2026","rel":"","context":"In "Insurance"","block_context":{"text":"Insurance","link":"https:\/\/smallnews.in\/insurance\/category\/insurance\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":222643,"url":"https:\/\/smallnews.in\/insurance\/2026\/01\/11\/odisha-government-to-release-standard-operating-procedure-for-expediting-accident-insurance-claims-settlement\/","url_meta":{"origin":222436,"position":3},"title":"Odisha government to release standard operating procedure for expediting accident insurance claims settlement","author":"Team Small News","date":"January 11, 2026","format":false,"excerpt":"The Odisha State Road Transport Corporation (OSRTC) has empanelled five leading insurance companies to provide coverage for road accidents. These companies include New India Assurance Co Ltd, Iffco-Tokio General Insurance, Oriental Insurance Co Ltd, United India Insurance Co Ltd, and Go Digit General Insurance. Initially, Go Digit General Insurance was\u2026","rel":"","context":"In "IFFCO Tokio"","block_context":{"text":"IFFCO Tokio","link":"https:\/\/smallnews.in\/insurance\/category\/iffco-tokio\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":222414,"url":"https:\/\/smallnews.in\/insurance\/2025\/12\/13\/the-gujarat-high-court-has-issued-a-notice-to-an-insurance-company-in-connection-with-the-harni-lake-boat-tragedy\/","url_meta":{"origin":222436,"position":4},"title":"The Gujarat High Court has issued a notice to an insurance company in connection with the Harni Lake boat tragedy.","author":"Team Small News","date":"December 13, 2025","format":false,"excerpt":"The Gujarat High Court has issued a notice to United India Insurance Company Ltd in relation to the Harni Lake boat capsizing incident that occurred on January 18, 2024. The incident resulted in the loss of 14 lives, including 12 school children and two teachers, during a school picnic. The\u2026","rel":"","context":"In "Insurance"","block_context":{"text":"Insurance","link":"https:\/\/smallnews.in\/insurance\/category\/insurance\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":222768,"url":"https:\/\/smallnews.in\/insurance\/2026\/02\/04\/a-consumer-forum-has-ordered-an-insurance-company-to-provide-compensation-due-to-a-delay-in-settling-a-claim\/","url_meta":{"origin":222436,"position":5},"title":"A consumer forum has ordered an insurance company to provide compensation due to a delay in settling a claim.","author":"Team Small News","date":"February 4, 2026","format":false,"excerpt":"The Ernakulam District Consumer Disputes Redressal Commission has ordered United India Insurance Company to pay a compensation of Rs 35,000 to a policyholder, Jabeen L Zacharias, due to a delay in settling her claims and deficiency in service. The compensation includes payment for deficiency in service and unfair trade practice.\u2026","rel":"","context":"In "Insurance"","block_context":{"text":"Insurance","link":"https:\/\/smallnews.in\/insurance\/category\/insurance\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/smallnews.in\/insurance\/wp-json\/wp\/v2\/posts\/222436","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/smallnews.in\/insurance\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/smallnews.in\/insurance\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/smallnews.in\/insurance\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/smallnews.in\/insurance\/wp-json\/wp\/v2\/comments?post=222436"}],"version-history":[{"count":0,"href":"https:\/\/smallnews.in\/insurance\/wp-json\/wp\/v2\/posts\/222436\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/smallnews.in\/insurance\/wp-json\/wp\/v2\/media\/221269"}],"wp:attachment":[{"href":"https:\/\/smallnews.in\/insurance\/wp-json\/wp\/v2\/media?parent=222436"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/smallnews.in\/insurance\/wp-json\/wp\/v2\/categories?post=222436"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/smallnews.in\/insurance\/wp-json\/wp\/v2\/tags?post=222436"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}