Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

K.C.Subramanyam(D)Lrs vs Oriental Insurance Co. Ltd. on 15 January, 2019

Bench: Arun Mishra, Vineet Saran

                                                             1

                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION

                                        CIVIL APPEAL     NO.       13329 OF 2015

                         K.C.SUBRAMANYAM(D) THROUGH LRS.                            Appellant(s)

                                                         VERSUS

                         ORIENTAL INSURANCE CO. LTD.          & ANR.                Respondent(s)


                                                         WITH

                                SPECIAL LEAVE PETITION (C) NO. 7856-7857 OF 2016

                                                         WITH

                                           CIVIL APPEAL NO. 3532 OF 2016

                                                         WITH

                               SPECIAL LEAVE PETITION (C) NO. 33979-33980 OF 2016

                                                      O R D E R

Heard the learned counsel for the parties. It is not in dispute that K.C.Subramanyam, who was the sole claimant, died on 14.10.2011, whereas the judgment was rendered by the High Court as against the dead person on 12.07.2012. Thus, the appeal has abated and there was no substitution of his legal heirs. The impugned Judgment and order is a nullity and hence, is liable to be set aside only on the short ground. The appeal is, accordingly, Signature Not Verified allowed.

JAYANT KUMAR ARORA Date: 2019.01.18 12:21:26 IST Reason:

The impugned Judgment and order passed by the High Court is set aside and the order passed by MACT  2 is restored.

SLP (C) NO. 7856-7857 OF 2016 In view of the finding recorded in paragraph 5 of the impugned order that the driver was holding the licence of the motor vehicle and that the vehicle he was driving was a transport vehicle of that category and the case is covered by a decision of this Court in Mukund Dewangan Vs. Oriental Insurance Co. Ltd. reported in (2017) 7 SCALE 731, there was no violation of the terms and conditions of the licence and the insurance policy. The liability has to be joint and several of owner, driver and Insurer. Accordingly, the Special Leave Petitions are disposed of.

Pending interlocutory application(s), if any, is/are disposed of.

SLP (C) Nos. 33979-33980 of 2016 In view of the finding recorded in paragraph 5 of the impugned order that the driver was holding the licence of the motor vehicle and that the vehicle he was driving was a transport vehicle of that category and the case is covered by a decision of this Court in Mukund Dewangan Vs. Oriental Insurance Co. Ltd. reported in (2017) 7 SCALE 731, there was no violation of the terms and conditions of the licence and the insurance policy. The liability has to be joint and several of owner, driver and Insurer.  3 Accordingly, the Special Leave Petitions are disposed of.

Pending interlocutory application(s), if any, is/are disposed of.

Civil Appeal No. 3532 of 2016 We are not inclined to interfere with the impugned order passed by the High Court. The appeal is, accordingly, dismissed.

Pending interlocutory application(s), if any, is/are disposed of.

.......................J. [ ARUN MISHRA ] .......................J. [ VINEET SARAN ] New Delhi;

January 15, 2019.

                                    4

ITEM NO.3                  COURT NO.5                  SECTION IV-A

               S U P R E M E C O U R T O F          I N D I A
                       RECORD OF PROCEEDINGS

Civil Appeal No(s). 13329/2015 K.C.SUBRAMANYAM(D)LRS Appellant(s) VERSUS ORIENTAL INSURANCE CO. LTD. & ANR. Respondent(s) WITH SLP(C) No. 7856-7857/2016 (IV-A) C.A. No. 3532/2016 (XII) SLP(C) No. 33979-33980/2016 (IV-A) Date : 15-01-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE VINEET SARAN For Appellant(s) Mr. Manjunath Meled, Adv.

Mr. Vijayalaxmi Upapudi, Adv. Mr. Anil Kumar, Adv.

Ms. Suman Bagga, Adv.

Ms. Manjeet Chawla, AOR Mr. Abhishek Kumar, Adv.

Mr. Viresh B. Saharya, AOR Mr. Akshat Agarwal, Adv.

Mr. S. N. Bhat, AOR Mr. Priyank Jain, Adv.

Mr. D. P. Chaturvedi, Adv.

Mr. Tarun Thakur, Adv.

For Respondent(s) Mr. Rajesh Kumar Gupta, AOR M/S. Nuli & Nuli, AOR Mr. K. K. Bhat, Adv.

Mr. Ranjan Kumar Pandey, AOR  5 UPON hearing the counsel the Court made the following O R D E R Civil Appeal No. 13329 of 2015 is allowed, SLP(C) No. 7856- 7857/2016 and SLP(C) No. 33979-33980/2016 are disposed of and C.A. No. 3532/2016 is dismissed in terms of the signed order.

Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA)                             (JAGDISH CHANDER)
  COURT MASTER                                     BRANCH OFFICER

(Signed order is placed on the file)