Rajasthan High Court - Jaipur
Madan Laljat vs Smt Munni Devi And Ors on 29 April, 2022
Author: Anoop Kumar Dhand
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 5030/2008
1. Madan Lal Jat aged about 35 years son of Shri Ishwar Lal,
resident of Ward No.17, Near Petrol Pump, Renwal Phulera
District Jaipur.
----Appellant-Defendant
Versus
1. Smt. Munni Devi wife of late Shri Ratanlal
2. Master Dhanesh - minor son of late Shri Ratanlal, through his
mother Smt. Munni Devi.
3. Ghisalal son of Shri Sewaram
4. Smt. Prabhati Devi wife of Shri Ghisalal, R/o Ward No.6,
Kishangarh Renwal (Phulera) District Jaipur.
----Respondents-Claimants
5. The Oriental Insurance Company, Sardar Patel Marg, Jaipur
...Respondent-Non-Claimant
For Appellant(s) : Mr. Dhruv Atri
For Respondent(s) : Mr. Anubhav Agarwal for
Mr. Chandra Prakash Sharma
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment
29/04/2022
Instant appeal has been preferred by the appellant against
the impugned judgment and award dated 07.05.2007 passed by
the Motor Accident Claims Tribunal, Chomu, District Jaipur (for
short 'the Tribunal') in Motor Accident Claim Case No. 237/2005
whereby the Tribunal has exonerated the Insurance Company from
its liability to pay compensation and awarded a sum of Rs.
5,00,000/- in favour of the respondents-claimants on account of
death of Ratan Lal in an accident which occurred on 25.05.2002.
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(2 of 5) [CMA-5030/2008]
The Tribunal after framing the issues, evaluating the
evidence available on the record and hearing the counsel
appearing for the parties decided the claim petition of the
respondents claimants.
Learned counsel for the appellant representing owner of the
vehicle assailed the findings of the Tribunal on issue No.3 on the
ground that the Tribunal has committed an error while deciding
issue No.3 and held that appellant is responsible for payment of
compensation in the present case. Counsel further submits that it
has come on the record in the evidence that no fare was taken
from the passengers while travelling in the offending vehicle and
there was no breach of any terms and conditions of the insurance
policy. Thus, the liability of payment of compensation should be
fastened on the Insurance Company with which the vehicle was
insured.
Per contra, learned counsel for the respondent-Insurance
Company submitted that the Tribunal after evaluating the
evidence which was brought on record and after appreciation of
the same, rightly come to the conclusion that the deceased person
was a gratuitous passenger in the offending vehicle which was
insured with the Insurance Company. Counsel further submitted
that since the vehicle was a goods carriage and the risk of
passengers was not covered as per the terms and conditions of
the insurance policy.
In support of his contentions, counsel for the respondent
Insurance Company has placed reliance on the judgment delivered by the Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Savitri Devi and Ors. reported in 2013 (11) SC 554. Lastly, he argued that the findings recorded by the (Downloaded on 24/12/2022 at 08:19:53 PM) (3 of 5) [CMA-5030/2008] Tribunal while deciding issue No.3 do not suffer from any infirmity which warrants interference of this court.
I have considered the submissions made at Bar and gone through the judgment dated 07.05.2007, as well as the other relevant record of the case including the findings of fact recorded by the Tribunal on issue no.3.
The Tribunal has minutely examined the evidence on record and has come to the conclusion that the deceased person was travelling in the vehicle as a gratuitous passenger, therefore, his risk was not covered under the terms and conditions of the insurance policy. The Tribunal after discussing the entire evidence has recorded the findings.
"21- esjs fouez er esa mDr fo'ys"k.k ls ;g fcYdqy Li"V gS fd chek daiuh ;|fi {kfriwfrZ ds fy, nk;h ugha gS ijUrq fo}ku odhy izkFkhZx.k dk ;g dFku gS fd chek daiuh nk;h ugha gS fQj Hkh mldk FkMZ ikVhZ ds fy, vnk;xh dk nkf;Ro gS vkSj mDr uthjksa dh jks'kuh esa og mls ekfyd okgu ls olwy dj ldrh gSA 22- fo}ku odhy ekfyd okgu us Hkh viuh cgl esa ;g tkfgj fd;k gS fd e`rd okgu pkyd dk iM+kslh o ifjfpr FkkA mls e'khu lq/kjokus tkuk FkkA ,slh voLFkk esa e'khu dks nksLrh dh [kkfrj pkyd okgu mDr okgu esa j[kdj e; e`rd jruyky ds lq/kjokus ds fy, ys tk jgk FkkA mldk dksbZ fdjk;k Hkh vnk ugha fd;k x;kA ,slh voLFkk esa okgu ekfyd dk {kfriwfrZ dk dksbZ nkf;Ro ugha curk gS chek daiuh vnk;xh djsaA 23- esjh fouez er esa vk'kk jkuh okyh uthj esa ekuuh; mPpre U;k;ky; us tks fl)kar izfrikfnr fd;k gS mlls ;g Li"V gksrk gS fd ;fn chek daiuh o ekfyd dh chek dh lafonk dh 'krksZa dk mYya/ku gksrk gS rc rks chek daiuh dh ;|fi {kfiiwfrZ vnk djus dh ftEesnkjh ugha gS ijUrq chek daiuh dk ;g nkf;Ro gS fd og {kfriwfrZ vnk djs vkSj mls ekfyd ls olwy djsa ijUrq ;fn chek daiuh o ekfyd okgu dh chek lafonk dh 'krksZa esa ;kf=;ksa dh {kfr dh {kfriwfrZ ckcr dksbZ Dykst ugha gS vFkkZr ;kf=;ksa dh {kfriwfrZ dh lafonk gh i{kdkjksa ds e/; ugha gqbZ gS rks ,slh voLFkk esa chek daiuh u rks (Downloaded on 24/12/2022 at 08:19:53 PM) (4 of 5) [CMA-5030/2008] {kfriwfrZ ds fy, ftEesnkj gS u gh chek daiuh ls {kfriwfrZ djkbZ tkuh pkfg,] cfYd okgu ekfyd }kjk gh {kfriwfrZ djkbZ tkuh pkfg,A 24- gLrxr izdj.k esa chek dh 'krksZsa dk mYya?ku dk ekeyk ugha gS cfYd mDr fo'ys"k.k ls Li"V gS fd ;kf=;ksa dh {kfriwfrZ dh dksbZ lafonk gh i{kdkjksa ds e/; ugha gqbZ FkhA ,slh voLFkk esa chek daiuh u rks {kfriwfrZ ds fy, ftEesnkj ekuh tk ldrh gS vkSj u gh bl 'krZ ds v/khu ftEesnkj ekuh tk ldrh gS os izkFkhZx.k dks {kfriwfrZ vnk djs vkSj mlds ckn ekfyd okgu ls jkf'k olwy djsA 25- ;gh fl)kUr ekuuh; mPpre U;k;ky; us vius uohure fofu'p; %& 01- TT¼2006½ ,-lh-lh- & 1 ¼lq-dks-½ ;wukbZVsM bf.M;k bU';ksjsUl cuke fryd flag o vU; esa izfrikfnr fd;k gSA vr% mDr fl)kUr dh jks'kuh esa ;g ekuk tkrk gS fd chek daiuh bl ;kfpdk esa {kfriwfrZ ds fy, nk;h ugha gSA var esa mDr foospuk ls ge bl fu"d"kZ ij igqaprs gS fd chek daiuh bl izdj.k esa {kfriwfrZ vnk;xh gsrq fdlh Hkh izdkj ls ftEesnkj ugha BgjkbZ tk ldrh gSA vr% rudh la[;k&03 dk fofu'p; chek daiuh ds i{k esa fd;k tkrk gSA"
A close reading of the finding of the Tribunal on issue No.3 shows that it is in conformity with the evidence on record and same is just and proper. Since the vehicle in the accident was a goods carriage, the risk of the person travelling in the same was not covered by the insurance policy. Therefore, the appellant is the person who is liable to pay compensation in the present case. On this issue, the Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Savitri Devi (supra) has held as under:-
"After having gone through the award of the Claims Tribunal and the judgment and order passed by the learned Single Judge of the High Court, we are not able to understand as to how it has been found that the appellant-Insurance Company can still be held liable to pay the amount of compensation as there has been a categorical finding by both the courts recording that the vehicle in question was insured only as "goods carrying vehicle". The custom of carrying barat in the village on the said truck will not be sufficient to hold the appellant-Insurance Company liable to pay the amount of compensation. Admittedly, the appellant- Insurance Company would not know unless the (Downloaded on 24/12/2022 at 08:19:53 PM) (5 of 5) [CMA-5030/2008] accident takes place as to for what purpose the vehicle in question was being used. The terms and conditions of insurance policy are very clear and categorical and it creates a specific bar on carrying of any passengers, except the employees other than the driver, not exceeding six (6) in number, who should also come under the purview of the Workmen's Compensation Act."
In view of the discussions made above, the findings arrived at by the Tribunal are upheld and the appeal filed by the appellant owner is dismissed.
Stay application and all pending application(s), if any also stand dismissed.
Record of the case be sent back to the Tribunal forthwith.
(ANOOP KUMAR DHAND),J Ritu/2 (Downloaded on 24/12/2022 at 08:19:53 PM) Powered by TCPDF (www.tcpdf.org)