Supreme Court - Daily Orders
Sonkunwarbai vs Oriental Insurance Company Limited on 21 April, 2023
Bench: A.S. Bopanna, Hima Kohli
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No(s). / 2023
(arising out of SLP(C) Diary No(s). 22971/2018)
SONKUNWARBAI & ORS. Petitioner(s)
VERSUS
ORIENTAL INSURANCE COMPANY LIMITED & ORS. Respondent(s)
O R D E R
1. Delay condoned.
2. Leave granted.
3. Heard the learned counsel for the appellant as also the learned counsel for the respondent-Insurance Company and perused the appeal papers.
4. The Motor Accidents Claims Tribunal (for short ‘MACT’) through its judgment and award dated 29.02.2008 had awarded the compensation of Rs.2,73,500/- with interest at 6% per annum. Having noted the contention put forth by the Insurance Company before the MACT, the MACT had arrived at the conclusion that the driver of the offending vehicle did not possess an appropriate license. Signature Not Verified Hence, directed the Insurance Company to pay and recover. Digitally signed by Nisha Khulbey Date: 2023.04.25 10:59:20 IST Reason: The Insurance Company was before the High Court assailing that portion of award.
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5. The High Court, having considered the matter, had exonerated the Insurance Company in toto and even from paying and thereafter recovering, through its judgment dated 17.08.2010. It is in that light, the appellant- claimants are before this Court assailing the judgment of the High Court.
6. In a matter of the present nature, it is noted that the appellants-claimants are third parties to the contract of Insurance. When the contention that the driver of the offending vehicle did not hold an appropriate license is held against the owner and driver of the offending vehicle, it is no doubt a violation of the condition of the policy. In such event also, the respondent-Insurance Company is liable to pay the compensation and recover the same from the owner of the offending vehicle.
7. In that view of the matter, the judgment dated 17.08.2010 passed by the High Court is modified. The respondent-Insurance Company shall deposit the amount in terms of the order of the MACT with interest within six weeks from the date of the receipt of a copy of this order. The MACT shall thereupon, disburse the amount to the appellants-claimants. The respondent-Insurance Company is reserved the liberty to recover the amount from the owner of the offending vehicle. 3
8. In terms of the above, the appeals stands disposed of along with pending application(s), if any.
...................J. (A.S. BOPANNA) ...................J. (HIMA KOHLI) New Delhi 21th April, 2023 4 ITEM NO.42 COURT NO.11 SECTION IV-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 22971/2018 (Arising out of impugned final judgment and order dated 17-08-2010 in MAC No. 717/2008 17-08-2010 in MAC No. 1314/2008 passed by the High Court Of Chhatisgarh At Bilaspur) SONKUNWARBAI & ORS. Petitioner(s) VERSUS ORIENTAL INSURANCE COMPANY LIMITED & ORS. Respondent(s) (IA No. 89883/2018 - CONDONATION OF DELAY IN FILING) Date : 21-04-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Anil Goel, Adv.
Mr. Aditya Goel, Adv.
Mr. V. N. Raghupathy, AOR For Respondent(s) Ms. Archana Pathak Dave, AOR Mr. Kumar Prashant, Adv.
Mr. Parmod Kumar Vishnoi, Adv. UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeals stand disposed of along with pending application(s), if any in terms of the signed order.
(NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
(signed order is placed on the file)