Patna High Court - Orders
Divisional Manager The New India ... vs Rameshwar Yadav & Ors on 1 August, 2013
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.251 of 2012
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Divisional Manager, the New India Assurance Company Limited,
Chandralok Complex, Ghantaghar, Bhagalpur, Appeal and Appellant
through the Deputy Manager and duly Constituted Attorney, Regional
Office, BSFC Building, 6th Floor, Fraser Road, Patna.
.... O.P. No.2.... Appellant/s
Versus
1. Rameshwar Yadav, S/O Late Gholtu Yadav.
2. Kankan Yadav, S/O Rameshwar Yadav.
3. Ranjani Kumari, D/O Rameshwar Yadav.
4. Yashoda Kumari, D/O Rameshwar Yadav.
Respondent nos.2-4 are minors, under the natural guardianship
of father, Respondent no.1)
All are residents of Village- Jichho, P.S.- Lodipur, District-
Bhagalpur.
......Claimants.....Respondents.
5. Md. Sarif, S/O Md. Gohar, R/O Puraini Momin Tola, P.S. -
Gagdishpur, Distt.- Bhagalpur (Owner cum Driver of Tractor No.
BR.10J. 7315)
....O.P. No.1 .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Durgesh Kumar Singh
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
8 01-08-2013Heard Mr. Durgesh Kumar Singh, learned counsel appearing for the appellant-insurance company.
This appeal is directed against the order dated 11.11.2011 passed by the 1st Additional District Judge -cum- Motor Vehicles Accident Claim Tribunal, Bhagalpur in Claim Case No.123 of 2010, whereby the tribunal has allowed the claim set up by the claimant under section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').
The only issue that has been raised by Mr. Singh in support of this appeal is that the deceased admittedly was travelling on the offending tractor and which was not insured for passenger purposes. He Patna High Court MA No.251 of 2012 (8) dt.01-08-2013 2 submits that in the circumstances the insurance company cannot be saddled with the liability which may be attributable to the owner or the driver as the case may be. In support of his submission, learned counsel has relied upon a Bench decision of this Court rendered in M.A. No.64 of 2007 (National Insurance Company Limited vs. Lakhminia Kuer) dated 28.4.2010 and a decision of the Supreme Court reported in 2008(1) PLJR 127 (SC) (United India Insurance Company Limited vs. Serjerao ).
Issue notices to the respondents, for which requisites etc. both under ordinary course as well as under registered cover with A/D be filed within two weeks failing which the memo of appeal shall stand rejected without further reference to the Bench.
The notice under ordinary process shall be served upon the concerned respondents through their respective counsel appearing in Claim Case No.123 of 2010 pending before the 1st Additional District Judge -cum- Motor Vehicles Accident Claim Tribunal, Bhagalpur through the process of the court and upon such service being effected the tribunal would submit a report in this regard to this Court.
Put up after service of notice/appearance of the respondents whichever is earlier.
(Jyoti Saran, J) SKPathak/-