Madhya Pradesh High Court
National Insurance Company Ltd. vs Smt. Krishna Devi on 15 July, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 15th OF JULY, 2022
MISC. APPEAL No. 643 of 2022
Between:-
NATIONAL INSURANCE COMPANY LTD.
THROUGH ITS DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LTD.
DIVISIONAL OFFICE TP HUB DO-1 VIJAY NAGAR
UKHRI ROAD JABALPUR M.P. (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI SHRESH AGRAWAL, ADVOCATE)
AND
1. SMT. KRISHNA DEVI W/O LATE SHRI
DHARAMPAL SINGH , AGED ABOUT 54 YEARS,
OCCUPATION: NIL R/O H.NO. 1092 POLICE LINE
POLICE STATION CIVIL LINES TAHSIL AND
DISTRICT JABALPUR M.P. (MADHYA PRADESH)
2. KU. ANITA VISHWAKARMA D/O LATE SHRI
DHARAMPAL SINGH , AGED ABOUT 23 YEARS,
OCCUPATION: NIL R/O H. NO. 1092 POLICE LINE
PS CIVIL LINES TAHSIL AND DISTRICT
JABALPUR M.P. (MADHYA PRADESH)
3. SMT. RITU VISHWAKARMA D/O LATE SHRI
DHARAMPAL SINGH , AGED ABOUT 25 YEARS,
OCCUPATION: NIL R/O H. NO. 1092 POLICE LINE
PS CIVIL LINES TAHSIL AND DISTRICT
JABALPUR M.P. (MADHYA PRADESH)
4. NAVEEN VISHWAKARMA S/O LATE SHRI
DHARAMPAL SINGH , AGED ABOUT 28 YEARS,
OCCUPATION: NIL R/O H. NO. 1092 POLICE LINE
PS CIVIL LINES TAHSIL AND DISTRICT
JABALPUR M.P. (MADHYA PRADESH)
Signature Not Verified
SAN
5. SUJEET KUMAR KEWAT S/O SHRI SUNIL
K E W A T R/O MUNICIPAL CORPORATION
Digitally signed by MOHD TABISH KHAN
Date: 2022.07.21 16:53:33 IST QUARTERS BEHIND MUNICIPAL
CORPORATION OFFICE PS OMTI TEHSIL AND
2
DISTRICT JABALPUR M.P. (MADHYA PRADESH)
6. COMMISSIONER MUNICIPAL CORPORATION
OFFICE OF MUNICIPAL CORPORATION
JABALPUR M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI RAVISH KUMAR DEOLIA, RESPONDENT NO.1 TO 4)
This appeal coming on for hearing on admission this day, th e court
passed the following:
ORDER
This appeal is filed by the Insurance Company being aggrieved of award dated 07.10.2021 passed by learned 3r d Additional Motor Accident Claims Tribunal, Jabalpur in Claim Case No.3819/2018 on a singular ground that the offending vehicle with which accident took place i.e. Tanker No. MP.20 GA 6807 was not having permit and fitness to ply said vehicle, therefore, Insurance Company should have been exonerated.
Shri Ravish Kumar Devalio, learned counsel for the claimants, in his turn, submits that Tribunal has already dealt with the issue in great details. Officer from the Regional Transport Office was examined before the learned Tribunal and said Officer namely Shri Dheeraj Khare NAW-1 deposed that he was working as Assistant Grade-3 in the Office of RTO, Jabalpur and was present in the Court along with records of Vehicle No.M.P.20 GA 6807 and according to the provisions contained in Section 66(3)(b) of the Motor Vehicle Act, permit was exempted.
Similarly, Insurance Company had examined its Administrative Officer, he admitted that at the time of insuring the vehicle he had no idea as to whether Signature Not Verified SAN fitness certificate, permit etc. were sought from the insured or not.
Digitally signed by MOHD TABISH KHAN Date: 2022.07.21 16:53:33 ISTThese two facts have been taken into consideration cumulatively by the 3 learned Tribunal and placing reliance on the judgment of M.P. High Court in case of Oriental Insurance Co. Ltd. Vs. Manoj and others, 2014(1)SCCD 174 (MP). It is mentioned that unless there is mention of requirement of fitness in the Insurance Policy, Insurance Company cannot be exonerated from its liability.
When these facts are taken into consideration then it is evident that as per the provisions contained in Section 66(3)(b) of the Motor Vehicle Act, 1988 offending vehicle being owned by a statutory local authority was not required to possess a permit i.e. it was exempted from having a permit. As far as, issue of fitness is concerned, Officer of the Insurance Company though examined could not demonstrate from records that there was any condition of fitness provided in the Insurance Policy and that has been violated by the insured.
Thus, in the opinion of this Court when law laid down in the case of Oriental Insurance Co. Ltd. (supra) is taken into consideration, then impugned award cannot be faulted with calling for any interference.
Accordingly, appeal fails and is dismissed.
Record of the Claims Tribunal be sent back.
(VIVEK AGARWAL) JUDGE Tabish Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2022.07.21 16:53:33 IST