Delhi District Court
Sunita Devi vs Deep Chand on 30 January, 2019
IN THE COURT OF SH. DEVENDER KUMAR,
PRESIDING OFFICER-MOTOR ACCIDENT CLAIMS TRIBUNAL,
SHAHDARA DISTRICT, KKD, DELHI
MAC No. 302/16 (Old No. 24/15)
1. Sunita Devi
S/o Sh. Vir Singh
2. Vir Singh
S/o Sh. Karan Singh
Both R/o H. No. D-97-98,
Market D, Seema Puri,
Delhi -110095
Also At : H. No. 296, Pipala Ikhlaspur,
PS Augota, Tehsil & Distt. Bulandshahara
UP -203407 ....Petitioners
Versus
1. Deep Chand
S/o Sh. Chandra Bhan
R/o Village Adhtyar Pur,
District Bulandshahra, UP Driver
2. Satendra Kumar
S/o Sh. Chandra Kiran
R/o VPO Imaliya Naya Gaon,
District Bulandshahara, UP Owner
3. Bharti Axa General Insurance Co. Ltd.
C/o 2nd Floor, Big Jos Tower,
A-8, Netaji Subhash Place,
Pitam Pura, New Delhi-111034 Insurance Company
...Respondents
MAC No.302/16 Sunita Devi & Ors. Vs. Deep Chand & Ors.
MAC No.311/16 Mohit Kumar Vs. Deep Chand & Ors.
MAC No.165/16 Rambir Singh & Ors. Vs. Deep Chand & Ors. 1/6
AND
MAC No. 311/16 (Old No. 34/15)
Mohit Kumar
S/o Sh. Jagdish Singh
R/o H. No. C-3/684, Gali no. 29,
Mandoli Saboli,
Delhi -110093 ....Petitioner
Versus
1. Deep Chand
S/o Sh. Chandra Bhan
R/o Village Adhtyar Pur,
District Bulandshahra, UP Driver
2. Satendra Kumar
S/o Sh. Chandra Kiran
R/o VPO Imaliya Naya Gaon,
District Bulandshahara, UP Owner
3. Bharti Axa General Insurance Co. Ltd.
C/o 2nd Floor, Big Jos Tower,
A-8, Netaji Subhash Place,
Pitam Pura, New Delhi-111034 Insurance Company
...Respondents
AND
MAC No. 165/16 (Old No. 205/14)
1. Rambir Singh
S/o Sh. Mangat Ram
2. Savitri Devi @ Sarvati
W/o Sh. Rambir Singh
MAC No.302/16 Sunita Devi & Ors. Vs. Deep Chand & Ors.
MAC No.311/16 Mohit Kumar Vs. Deep Chand & Ors.
MAC No.165/16 Rambir Singh & Ors. Vs. Deep Chand & Ors. 2/6
Both R/o H. No. B-25/356,
Gali no. 2, Chander Lok,
Mandoli Road, Shahdara,
Delhi -110032 ....Petitioners
Versus
1. Deep Chand
S/o Sh. Chandra Bhan
R/o Village Adhtyar Pur,
District Bulandshahra, UP Driver
2. Satendra Kumar
S/o Sh. Chandra Kiran
R/o VPO Imaliya Naya Gaon,
District Bulandshahara, UP Owner
3. Bharti Axa General Insurance Co. Ltd.
C/o 2nd Floor, Big Jos Tower,
A-8, Netaji Subhash Place,
Pitam Pura, New Delhi-111034 Insurance Company
...Respondents
Date of Institution of MAC No. 302/16 : 20.01.2015
Date of Institution of MAC No. 311/16 : 22.01.2015
Date of Institution of MAC No. 165/16 : 12.08.2014
Date of Arguments : 24.01.2019
Date of Judgment : 30.01.2019
JUDGMENT:
Vide this common judgment, I shall dispose off three petitions filed by petitioners against the respondents. The facts of the cases are as follows:
MAC No.302/16 Sunita Devi & Ors. Vs. Deep Chand & Ors.
MAC No.311/16 Mohit Kumar Vs. Deep Chand & Ors. MAC No.165/16 Rambir Singh & Ors. Vs. Deep Chand & Ors. 3/6
1. Facts: Petitioners in all cases have alleged that on 01.04.2014, at about 6.30 am, deceased Shiva, Jitender and Injured Mohit were going by motorcycle no. UP-13P-1130 from Kashba, Aurangabad to Lakhawati and reached in front of Babu Mudhi, Valokir Aara Machine, Kashba Police Station Arababad, District Bulandshar, UP when the offending vehicle No. UP-13D-0786 being driven by Respondent No. 1 in rash and negligent manner hit against the motorcycle of deceased / injured and caused them injuries / fatal injuries. All the injured were removed to Govt. Hospital, Aurababad but injured Shiva was declared brought dead, whereas deceased Jitender expired during treatment.
Injured Mohit referred to Delhi for treatment and sustained grievous injuries. LRs of deceased as well as injured have filed three separate cases for compensation which have been decided by Ld. Predecessor by common judgment dated 21.09.2017.
2. Ld. Predecessor of this court passed an award of Rs. 11,13,732/- in MAC No. 302/16 in favour of petitioners Smt. Sunita Devi and others Vs. Deep Chand & Ors. An award of Rs. 87,696/- was passed in MAC No. 311/16 in the case titled Mohit Kumar Vs. Deep Chand & Ors and an award of Rs. 13,70,000/- was passed in MAC No. 165/16 in favour of Rambir Singh & Ors. V/s Deep Chand & Ors.
3. Respondent No.3 / Insurance Company M/s Bharti Axa General Insurance Company Ltd. was not satisfied with the awards passed by this court in favour of petitioners in all three cases, due to company preferred an appeal before the Hon'ble High Court of Delhi. The Hon'ble High court vide judgment dated 14.05.2018, all the cases, MAC No.302/16 Sunita Devi & Ors. Vs. Deep Chand & Ors.
MAC No.311/16 Mohit Kumar Vs. Deep Chand & Ors. MAC No.165/16 Rambir Singh & Ors. Vs. Deep Chand & Ors. 4/6
pleased to affirm the award passed in the cases, but all the cases were remanded back after setting aside of the judgment for limited purpose for adjusting the recovery rights of the insurance company a afresh. The insurance company was granted liberty to lead additional evidence before this court on the issue of recovery rights thereby proving the defence u/s 149 (2) of MV Act.
4. On receiving the order of the Hon'ble High Court of Delhi, this court restored all three cases to their previous numbers and at the state of RE by respondents vide order dated 10.07.2018. This court directed respondent No. 3 / Insurance Company and respondents No. 1 and 2 to lead RE on 17.9.2018. However, on 17.09.2018, Insurance Company failed to lead any RE. This court granted two effective opportunities to Insurance company to lead RE, but insurance company failed to lead any RE despite availing opportunities and even did not offer any explanation to non availability of witness. This court closed RE of the Insurance Company vide order dated 04.12.2018. Thereafter, Insurance Company has not sought any further opportunity to lead any RE and led final argument on 24.01.2019 thereby arguing that judgment may be passed as per record. The other respondents No 1 & 2 have also not led any evidence in the absence of evidence of Insurance Company and closed RE vide order dated 04.12.2018.
5. I have heard the arguments of both parties and perused the record. Ld. Predecessor had disposed off all three cases by a common judgment and passed three awards in favour of all claimants. Awards have already been upheld by the Hon'ble High Court of Delhi vide MAC No.302/16 Sunita Devi & Ors. Vs. Deep Chand & Ors.
MAC No.311/16 Mohit Kumar Vs. Deep Chand & Ors. MAC No.165/16 Rambir Singh & Ors. Vs. Deep Chand & Ors. 5/6
judgment dated 14.5.2018 thereby setting aside the award on limited aspect of recovery rights of insurance company. The Onus to prove the recovery rights against respondents No. 1 & 2 was on the Insurance Company which alleged breach of terms and conditions of Insurance policy or any statutory defence in terms of Section 149 (2) of MV Act. However, Insurance Company has failed to lead any evidence on record to prove any such breach of insurance policy or statutory defence provided u/s 149(2) of M.V. Act to claim recovery rights of award amount awarded from respondents No 1 & 2. In the absence of any evidence on behalf of insurance company, Respondents No. 1 and 2 were not required to lead any RE. In fact, in the absence of any evidence, it could not be proved that Insurance company / Respondent No. 3 is not liable to pay this compensation in all three cases or is entitled for recovery rights for any breach of Insurance policy against respondents No.1 & 2. As such, Insurance Company is not entitled for any recovery rights of the award amount. The judgment dated 21.9.2017 on the point of recovery rights is hereby reaffirmed. Award amount has been deposited in all cases and has also been disbursed.
6. A copy of this judgment be given free of cost to the parties Digitally signed concerned. File be consigned to record room. by DEVENDER DEVENDER KUMAR KUMAR Date:
2019.01.30 17:18:25 +0530 Announced in open court (DEVENDER KUMAR) On 30.01.2019 PO-MACT/SHAHDARA KARKARDOOMA COURTS, DELHI MAC No.302/16 Sunita Devi & Ors. Vs. Deep Chand & Ors.
MAC No.311/16 Mohit Kumar Vs. Deep Chand & Ors. MAC No.165/16 Rambir Singh & Ors. Vs. Deep Chand & Ors. 6/6