Madhya Pradesh High Court
Smt. Vimla Suryavanshi vs Sanjeev Kumar Suryavanshi on 28 October, 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 28th OF OCTOBER, 2022
MISC. APPEAL No. 2241 of 2021
BETWEEN:-
1. SMT. VIMLA SURYAVANSHI W/O LATE SHRI
HARI SINGH SURYAVANSHI, AGED ABOUT 43
YEARS, VILLAGE H.NO. 322 KRISHAK NAGAR
COLONY NEW JAIL ROAD KAROND DISTT.
BHOPAL (M.P)
2. MANISH KUMAR SURYAVANSHI S/O LATE SHRI
HARI SINGH SURYAVANSHI, AGED ABOUT 26
YEAR S , OCCUPATION: NOT MENTION VILL.
H.NO. 322, KRISHAK NAGAR, COLONY, NEW
JAIL ROAD KAROND , DISTT BHOPAL (M.P)
.....PETITIONER
(BY SHRI ASHOK KUMAR CHOURASIYA, ADVOCATE )
AND
1. SANJEEV KUMAR SURYAVANSHI S/O LATE
SHRI HARI SINGH SURYAVANSHI, AGED ABOUT
26 YEARS, OCCUPATION: DRIVER VILLAGE H.N.
322 KRISHAK NAGAR COLONY NEW JAIL ROAD
KAROND DISTT. BHOPAL (M.P)
2. I.C.I.C.I. LOMBARD GENERAL INSURANCE CO.
LTD . PLOT NO. 10, SECOND FLOOR, LAKAR
PALACE MP. NAGAR, ZONE- 2, BHOPAL (M.P)
.....RESPONDENTS
(BY SHRI RAKESH KUMAR JAIN, ADVOCATE FOR RESPONDENT
NO.2)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
This appeal is filed by the claimants being aggrieved of award dated 19/02/2019 passed by the learned 5th M.A.C.T Bhopal in M.CC No. 1323/2018 Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 11/1/2022 4:26:10 PM 2 on the ground that though the accident coverage of owner-driver in the policy was restricted to sum of Rs.2 lacs but on account of death of owner-driver of the vehicle, the Tribunal should have awarded higher amount as per the entitlement and law discussed in para 20 i.e the judgment of Supreme Court in case of National Insurance Company Limited Vs. Pranay Sethi instead of restricting claimant amount to Rs. 2 lacs.
Shri Chourasiya submits that whatever premium was demanded was paid, and therefore, claimants are not at fault.
Shri Rakesh Jain, learned counsel for the Insurance Company has placed reliance on judgment of Supreme Court in case of National Insurance Company Limited Vs. Ashalata Bhowmick & others reported in 2018 ACJ 2825 wherein it is held that in case of death of owner insured when the vehicle he was driving met with an accident and no other vehicle was involved then legal representative of the deceased i.e claimants cannot maintain a claim for death of owner insured but since vehicle was insured and premium was paid for personal accident cover of owner-cum-driver upto Rs.2 lac. Insurance Company was directed to pay Rs.2 lac for personal accident cover of owner insured.
After hearing learned counsel for the parties and going through the record and so also taking into consideration legal position as laid down by Hon’ble Supreme Court in case of Ashalata Bhowmick (supra), the arguments putforth by Shri Chourasiya are bereft of merits. It is undisputed that the policy was issued by the Insurance Company as per proposal form. The deceased was in possession of the policy and was aware of the terms and conditions of the policy, claimants cannot claim anything more than what is the extent of the contractual liability of the Insurance Company, thus I am of the opinion that there is no illegality or shortcoming in the impugned award calling for Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 11/1/2022 4:26:10 PM 3 indulgence specially when it is tested in the light of law laid by the Supreme Court in case of Ashalata Bhowmick (supra). Therefore, appeal fails and is dismissed.
Record of the Tribunal be sent back.
(VIVEK AGARWAL) JUDGE tarun Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 11/1/2022 4:26:10 PM