Dismissed

The New India Assurance Co. Ltd. v. Arun Pratap Singh and 2 Others

Allahabad HC8 Sept 2022FAFO/22/2019

Case brief

AI extract

What is this about?

The High Court dismissed two appeals filed by an Insurance Company challenging compensation awards for a motor accident. The Court held that the Insurance Company failed to discharge its legal onus of proving that the vehicle was used in breach of policy terms and conditions, keeping the High Court's decision consistent with the Tribunal's finding.

What did the court decide?

Both appeals dismissed with no order as to costs.

The New India Assurance Co. Ltd. Vs Arun Pratap Singh… — Property and Title | Allahabad HC (2022)

¶1

Court No. - 38

¶2

Case :- FIRST APPEAL FROM ORDER No. - 22 of 2019

¶3

Appellant :- The New India Assurance Co. Ltd. Respondent :- Arun Pratap Singh And 2 Others Counsel for Appellant :- Brijesh Chandra Naik

¶4

With

¶5

Case :- FIRST APPEAL FROM ORDER No. - 1840 of 2016

¶6

Appellant :- The New India Assurance Co. Ltd. Respondent :- Ram Das And 5 Ors. Counsel for Appellant :- Brijesh Chandra Naik Counsel for Respondent :- Jitenrda Kumar Ojha

¶7

Hon'ble Saral Srivastava,J.

¶8

1 . Since, these two appeals are arising out of same accident and involves common issues, therefore, both the appeals are decided together with this common judgement.

¶9

2. Both the aforesaid appeals have been preferred by the appellant-Insurance Company against the award dated 19.09.2018 passed by the Motor Accident Claims Tribunal/1st Additional District Judge, Chitrakoot in MACP No.153/70/2016 and award dated 30.03.2016 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Chitrakoot in MACP No.59/70/2014 (hereinafter referred to as 'Tribunal'), whereby Tribunal has awarded Rs.3,70,000/- & Rs.1,71,400/- respectively as compensation to the claimants/ respondents in both the appeals.

¶10

3. For convenience, the facts are being taken from F.A.F.O. No.22 of 2019.

¶11

4. Challenging the aforesaid award, learned counsel for the appellant has contended that the Sumo bearing registration No.MP19T-3050 (hereinafter referred to as 'offending vehicle')

¶12

was being used in breach of terms and condition of the policy. It is submitted that the offending vehicle which was a taxi, was being plied without valid fitness certificate and therefore, the Insurance Company is not liable to pay any compensation.

¶13

Learned counsel for the appellant has drawn the attention of the Court towards the paper appearing at page-56 of the appeal, which is stated to be a certificate issued by the registering authority Satna to demonstrate that the offending vehicle was registered in the category of Taxi, but it did not have fitness certificate between the period 14.05.2012 to 31.05.2014 and, therefore, the finding of the Tribunal that the Insurance Company did not lead any evidence to demonstrate that there was any breach of policy by the owner is perverse and against the record.

¶14

I have heard learned counsel for the appellant and perused the judgement of the Tribunal.

¶15

The Tribunal while deciding the Issue No.3 in respect of breach of policy has held that the Insurance Company did not lead any evidence to demonstrate that the owner has committed the breach of policy. The Tribunal has repelled the contention of the Insurance Company that the owner of the offending vehicle has not filed any fitness certificate, therefore, the appellant Insurance Company is not liable to pay any compensation.

¶16

Learned counsel for the appellant Insurance Company could not demonstrate the said finding to be perverse. The said finding clearly shows that the report dated 23.03.2015 appearing at page-56 of paper book was not filed before the Court below. The record of Motor Accident Claims Tribunal in respect to the claimant has also been summoned.The Court did not find any document appearing at page 56 of the paper book on record. In such view of the fact, reliance placed by the learned counsel for the appellant on the certificate alleged to

¶17

have been issued by the registering authority Satna cannot be considered to reverse the finding of the Tribunal. It is also settled in law that the onus is upon the Insurance Company to prove that the offending vehicle was being plied in breach of terms and conditions of insurance policy and once the Insurance Company who discharges the onus, the burden will shift upon the owner to prove that the offending vehicle was being plied as per the terms and conditions of the policy.

¶18

As the Insurance Company has failed to discharge its onus to prove that the offending vehicle was being plied in breach of terms and conditions of the policy, this Court does not find any perversity or illegality in the finding of the Tribunal. Accordingly, the submissions advanced by the learned counsel for the appellant is not sustainable in law and is hereby rejected. 10. Accordingly, both the appeals lack merit and are hereby, dismissed with no order as to costs.

¶19

Order Date :- 8.9.2022 NS

¶20

Digitally signed by NITIN KUMAR Date: 2022.09.20 17:25:58 IST Reason: Location: High Court of Judicature at Allahabad

The New India Assurance Co. Ltd. v. Arun Pratap Singh and 2 Others

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. v. Arun Pratap Singh and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Hindustan Petroleum Corp. Ltd. Thru Its Chief Regional M. Vs Union of India Thru Its General Manager Northern Railway

Nibori Lal Vs Smt. Chandra Prabha

Shamsul Islam Vs Noorul Islam Alias Nausha Miyan

United India Insurance Co. Ltd. Alld. Vs Uma Devi and Others

Istkhar and Others Vs Smt. Santri and Others

Smt. Kiran Devi Singh and Others Vs the U.P.S.R.T.C. through G.M.