Jharkhand High Court
National Insurance Co Ltd vs Abha Gupta & Ors on 6 October, 2015
Equivalent citations: 2016 AAC 98 (JHAR), 2015 (4) AJR 481
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Misc. Appeal No.157 of 2008
National Insurance Co. Ltd., Deoghar ...... Appellant
Versus
1. Abha Gupta wife of late Arvind Kumar Gupta
2. Akanksha Kumari minor daughter of late Arvind Kumar Gupta
3. Abhitesh Kumar minor son of late Arvind Kumar Gupta
4. Ankita Kumari minor daughter of late Arvind Kumar Gupta
5. Bishwanath Prasad Gupta, father of late Arvind Kumar Gupta
6. Bhagawati Devi wife of Bishwanath Prasad Gupta,
mother of late Arvind Kumar Gupta
7. Vinay Kumar, son of Jai Prakash Prasad, resident of Shivala Road,
P.O. & P.S. Lohapati, Dist.Khagaria at present residing at Jasidih Railway
Colony, Railway Qr. No. C/D/25 P.O. & P.S. Jasidih, Dist. Deoghar
8. Gauri Shankar Rai son of Ram Prasad Rai ...... Respondents
CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
For the Appellant : Mr. Alok Lal, Advocate
For the Respondents : Mr. Arvind Kumar Choudhary, Advocate
Order No.11 th
Dated: 6 October, 2015
This appeal has been preferred by National Insurance Co. Ltd.
against the judgment and award dated 14.02.2008 passed by learned District
Judge1st cum Motor Vehicle Claim Tribunal, Deoghar in connection with
Motor Vehicle Claim Case No.27 of 2004.
2. The facts, in brief, are that deceased Arvind Kumar Gupta, on
08.06.2004in course of travelling in tempo bearing registration no.JH 15B - 0323 met with an accident due to rash and negligent driving of driver of the tempo and died at the spot due to injury caused.
3. The appellant has assailed the impugned judgment on the ground that the offending vehicle was not registered according to Section 39 of the M.V. Act and no valid permit was issued in favour of said tempo as required under Section 66 of the M.V. Act. Since owner of the tempo has violated the terms and conditions of the policy, the insurance company could not be directed to indemnify the liability of the insured.
4. Learned counsel appearing for the claimantsrespondents has submitted that death of Arvind Kumar Gupta had occurred due to plying of motor vehicle on a public place and therefore, the dependents are liable to receive compensation. If there is any violations of terms and conditions between the insurer and the insured, appropriate order may be passed in that regard but the claimants should not be debarred from getting compensation in 2. lieu of death of Arvind Kumar Gupta.
5. Respondent no.7 who happens to be owner of the vehicle did not appear even after valid service of notice which is apparent from the order dated 06.10.2009.
6. I have gone through the impugned judgment from which it appears that the learned Tribunal has held that the vehicle was registered, only the certificate was signed on the next date. The registration number was allotted on the date of accident itself. The appellant has also raised the question of road permit, but I do not find any discussion in the impugned judgment regarding road permit. It is also not evident that appellant has led any evidence in this regard to substantiate the pleadings. Since owner of the vehicle has not appeared to challenge the allegations levelled by the appellantinsurance company, I am left with no option but to observe, if the terms of policy has been violated then owner of the vehicle shall be saddled with the cost. In the result, the insurance company is directed to satisfy the compensation amount as awarded by the Tribunal and pay the compensation amount to the claimants within 60 days from the date of this order. Authority is given to the appellant insurance company to recover the compensation amount paid to the claimants from the owner of the vehicle i.e. respondent no.7 in accordance with law as indicated in the judgment reported in AIR 2004 SC 1630 (Oriental Insurance Co. Ltd. Vrs. Nanjappan & Others). The appellantinsurance company is authorised to receive the statutory amount of Rs.25,000/ deposited at the time of presenting the appeal subject to the condition of payment of total compensation amount to the claimants which could be verified from certified copy of the order passed by the Tribunal.
7. With this observation, this appeal stands disposed of.
(D. N. Upadhyay, J.) NKC