Dismissed

United India Insurance Company Ltd. v. Mukesh Kumar Gupta and Others

Allahabad HC24 Sept 2019FAFO/2681/2006

Case brief

AI extract

What is this about?

The High Court dismissed the appeal filed by United India Insurance Company Ltd. against the Motor Accident Claims Tribunal's award. The Court held that the alleged breach of policy regarding the driver's license was not a fundamental breach under Section 147 of the Motor Vehicles Act, 1988, and thus the liability could not be avoided. Consequently, the appeal was dismissed, and the compensation a

What did the court decide?

First Appeal dismissed; compensation award of Rs. 2,66,000/- affirmed; interim relief, if any, vacated.

United India Insurance Company Ltd. Vs Mukesh Kumar… — Motor Accident Claims | Allahabad HC (2019)

¶1

Court No. - 33

¶2

Case :- FIRST APPEAL FROM ORDER No. - 2681 of 2006

¶3

Appellant :- United India Insurance Company Ltd. Respondent :- Mukesh Kumar Gupta And Others Counsel for Appellant :- S.K. Mehrotra

¶4

Hon'ble Dr. Kaushal Jayendra Thaker,J.

¶5

Heard Sri S.K. Mehrotra, learned counsel for the appellant and perused the judgment and order impugned.

¶6

This appeal, at the behest of the United India Insurance Co. Ltd., challenges the judgment and award dated 18.5.2006 passed by Additional District and Sessions Judge, Court No.1/Motor Accident Claims Tribunal, Aligarh (hereinafter referred to as 'Tribunal') in M.A.C. No. 81 of 2003 awarding a sum of Rs.2,66,000/- as compensation in favour of the claimant(s).

¶7

By way of this appeal, the United Insurance Company, Ltd., Aligarh has submitted that licence of the driver was not granted for which he was licenced to drive.

¶8

The apex court in State of Orissa & others Vs. Bijaya C. Tripathy AIR 2005 SC 1431 and Fahim Ahmad & others Vs United India Insurance Company Ltd and others 2014 (2) T.A.C. 383 (SC) and this High Court in First Appeal From Order No. 1507 of 2003 (UPSRTC through Regional Manager Vs. Smt. Sukha Devi & Others) have held that if there is no fundamental breach of policy and using tractor for carriage of sand is not a fundamental breach of policy under Section 147 of the Motor Vehicles Act, 1988 giving rise to the Insurance Company to avoid its liability.

¶9

This Court in First Appeal From Order No. - 381 of 2017 (Doodh Nath Chaurasiya Vs. Kanhaiya Lal And 3 others) decided on 6.12.2017 has held as under:

¶10

"7. On issue no 5, the Tribunal has held against the appellant as the trolley was not insured with the Insurance Company. Learned counsel for the appellant has relied on Fahim Ahmad and Others Vs. United India Insurance Company Limited and Others, 2014 LawSuit (SC) 198 and National Insurance Company Limited Vs. V. Chinnamma, 2004 LawSuit (SC) 905 and, therefore, the same cannot be said to be breach of policy condition. The vehicle was in fact being used for agricultural purposes only. There is no other finding as to

¶11

tractor was used for carrying goods."

¶12

While going through the judgement, it is clear that the vehicle was light motor vehicle and the question of driver driving the vehicle with LMV license is also now covered by the decision in Mukund Dewangan Vs. Oriental Insurance Company Limited, A.I.R. 2017 (SC) 3668 and Sant Lal Vs. Rajesh and Others, Etc., 2017 (3) R.C.R. (Civil) 757 .

¶13

Hence on the ground of breach of policy, the said ground fails as the tempo is light motor vehicle and the finding is very clear that the tempo is light motor vehicle and in that view of the matter, the said ground cannot be sustained. The quantum awarded cannot be said to be on the higher side as no amount under the head of future income has been granted.

¶14

Compensation cannot be said to be exorbitant.

¶15

In that view of the matter, appeal fails and is dismissed on facts and on merits.

¶16

Interim relief, if any, shall stand vacated.

¶17

Order Date :- 24.9.2019 Jaswant

United India Insurance Company Ltd. v. Mukesh Kumar Gupta and Others

Case brief

What is this about?

What did the court decide?

United India Insurance Company Ltd. v. Mukesh Kumar Gupta and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

New India Assurance Company Ltd. Vs Smt. Ramwati Devi and Others

Smt. Reshma Khatoon and Another Vs Noor Mohammad and Others

Umesh Kant Pandey Vs Ramkatore Pandey and 13 Others

Krishna Lal Chhabra Vs Kailash Nath and Others

Smt. Kusum Alias Kusum Devi and Others Vs the New India Insurence Company Ltd. and Others

Oriental Insurance Co. Ltd. Vs Jai Pal and Another