Allowed

Oriental Insurance Co.Ltd. v. Smt.Gulab Bai Soni and Others

Chhattisgarh HC8 Feb 2012MA/592/2004

Case brief

AI extract

What is this about?

This appeal challenged an award of Rs. 4.38 lakh against the appellant insurer. The High Court allowed the appeal, holding the insurer not liable because the tractor-trolley driver lacked a valid license. Compensation was instead decreted against the vehicle owner.

What did the court decide?

Impugned award modified; claimants entitled to compensation from the owner of the tractor-trolley (Ram Nath Rathore).

Oriental Insurance Co.Ltd. Vs Smt.Gulab Bai Soni… — Motor Accident Claims | Chhattisgarh HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BILASPUR

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[CHHATTISGARH1

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Misc.ApDeal Na^'f^OF 2004'

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APPELLANT INSURER

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Oriental Insurance Company Ltd., through its Branch Manager, Korba, T.P. Nagar, Korba [CG)

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VERSUS

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RESPONDENTS CLAIMANTS

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Smt. Gulab Bai Soni widow of 5 late Kanhaiya @ Mittal @ Krishanlal Soni, aged 26 years, r/o Laxman Talab, Bhojpur road, Bhatapara, District-Janjgir Champa, presently residing at Durpa Road, Korba, tehsil and district Korba [CG]

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r. Ku. Pooja Soni d/o late Kanhaiya@ Krishanlal Soni, aged 8 years.

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k^Ankitlal Soni s/o late Kanhaiya@ Krishanlal Soni, aged 3 years.

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•^-.

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^^(Both respondents no.2 and 3 minor through their natural guardian mother Smt. Gulab Bai Soni w/o late Kanhaiya @ Krishanlal Soni/presently r/o Durpa Road, Korba (CG).

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4>^ffardev Prasad Soni s/o Hiraram Soni, aged 66 years-

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/ . .i^^\ aged 66 years-
^^"^^
^\1 ^- Smt. Manki Bai w/o Shri Hardev
Prasad Soni, aged 61 years.
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}oth respondents no.4 and 5 r/o
.^yy Laxman Talab, Bhojpur road, road,
^ Bhatapara, tehsil & district Janigir Janigir
6-i-" Champa(CG).
DRIVER ^_^<Dhaneshwar Prasad Prasad s/o Ramnath

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}oth respondents no.4 and 5 r/o

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Laxman Talab, Bhojpur road, road, Bhatapara, tehsil & district Janigir Janigir Champa(CG).

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^_^<Dhaneshwar Prasad Prasad s/o Ramnath aged 18 years, r/o Devlapat, tehsilKartala, district Korba (CG).

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c> ^-^T^amnath Rathores/o Mehtar 26EA/1653) Rathore, r/o Devlapat, tehsilKartala, district Korba (CG).

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OWNER c> (Tractor No.MP 26EA/1653)

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OWNER

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"8. Umesh Kumar Tiwari s/o late Ganesh Tiwari, aged 41 years, r/o Pump House, Korba(CG).

(JeepNo.MP26E/7710)

INSURER

(Vehicle No.MP26E/7710)/^ National Insurance Company Ltd. ^ ^L through its Branch Manager, Meenu Complex, Main Road, Korba (C.G.).

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APPEAL U/S 173 OF MOTOR VEHIC^LES ACT. AGAINST THE AWARD/ORDER DATED 20-12-2003 <^PASSED BY THE SEJBOND' ADDITIONAL MOTORACCIDENT CLAIMS TRIBUNAL, KORBA IN C.T. N0.101/2002.^^'

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Appeal valued at Rs. 4.38.000/- Court Fee affixed RsJlS/:

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The appellant named above humbly begs to submit as under:

BRIEF FA(

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'^'

HIGH COURT OF CHHATTISGARH : BILASPUR

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M.A. No. 592 of 2004

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Appellant Oriental Insurance Company Limited Versus Respondents Smt. Gulab Bai & others

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APPEAL UNDER SECTION 173 QF THE MOTOR VEHICLES ACT, 1988

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DB: Hon'ble Dr. I. M. Quddusi

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& Hon'ble Mr. G. Minhajuddin, JJ

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Shri Abhishek Sinha, Advocate with Shri Ghanshyam Patel, Advocate

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for the appellant/ Insurance Company.

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Shri K. N. Swarnkar, Advocate for the respondent No.5.

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Shri J. N. Nande, Advocate for the respondent No. 6.

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Shri Dashrath Gupta, Advocate for the respondent No. 9.

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None for the other respondents, though served, except respondent

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No.8, who is unservred.

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ORDER (Qral)

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( Passed on this 8th day of Februaiy, 2012 )

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Per Dr. I. M. Quddusi, J.

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This appeal has been filed by the appellant/Oriental Insurance Company against the impugned award dated 20.12.2003, passed by the Second Additional Motor Accident Claims Tribunal, Korba in Claim CaseNof 101/2002, awarding compensation to the tune of Rs. 4,38,000/- along with interest @ 9% per annum from the date of the application.

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We have heard learned counsel appearing for the parties and perused the lower Court record as weU as the findings given in the

impugned award.

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The brief facts, in nutshell, are that deceased Kanhaiya alias Mittal Soni was working as driver to drive the Jeep, bearing registration No. M.P. 26-E/7710. This jeep was owned by the non-applicant No.4 (Umesh Kumar Tiwari) and was insured by the non-applicant No. 5 (National Insurance Company).

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rfc

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On 23.1.2002 in the night at about 9.00 p.m. when Kanhaiya alias Mittal Soni was going to Korba from Champa by the jeep, on the way near village - Ucchabhatthi, due to rash and negligent driving by the non-applicant No. l(Dhaneshwar Prasad) the tractor - trolley, bearing registration No. M.P. 26-EA - 1653 and 1654, hit the jeep. As a result of this accident Kanhaiya alias Mittal Soni, who was driving the jeep, sustained grievous injuries and succumbed to those injuries. This tractor^- trolley was owned by the non-applicant No.2 (Ramnath Rathore) and it was insured by the non-applicant No.S/appellant/Oriental Insurance Company. The legal heirs/dependents of deceased Kanhaiya alias Mittal Soni filed a claim case under Section 166 of the Motor Vehicles Act, 1988 for award of a total compensation of Rs. 52,00,OOO/- under various heads.

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Learned Tribunal, having regard to the facts situation and the evidence on record, passed the impugned award, directing the non-applicant No.S/appellant/Oriental Insurance Company to pay a total sum of Rs. 4,38,000/- as compensation to the claimants along with interest @ 9% per annum.

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The appellant Insurance Company has filed the instant appeal against the impugned award so far as fastening the liability on the ground that the driver of the tractor - trolley was not having the valid and effective driving licence on the date of accident,

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therefore, the insurance company is not liable to pay the amount of compensation.

of the on record it is evident that the On perusal papers tractor - troUey was being driven by Dhaneshwar Prasad (N.A.l) who is the son of Ramnath Rathore (N.A.2) owner of the vehicle. He was not having a valid and effective driving licence on the date of the accident. The father of the driver of the tractor-trolley has himself stated that on the date of accident the age of his son was 17V2 years. As per the mark-sheet of primary school of Dhaneshwar Prasadfor the year 2000, he was studying in the Government Boys Higher ^econdary School and his date of birth was 1.7.1998. Therefore, he was even not eligible to have a driving licence on the date of the accident. Therefore, we are of the considered opinion that learned Tribunal has wrongly fastened the liability upon the appellant/Insurance Company to satisfy the award.

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In view of the above, the appeal is allowed. The impugned award is modified to the extent that the claimants are entitled to get the amount of compensation from the owner of the tractor-trolley (Ram Nath Rathor). Rest of the condidons of the impugned award shall remain intact. No order as to costs.

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The amount, if any, deposited by the appellant may be allowed to

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be withdrawn. ^"~f

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8d/Sd/G.Minhajuddin IM. Quddusi Judge Judge

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Thakur

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Oriental Insurance Co.Ltd. v. Smt.Gulab Bai Soni and Others

Case brief

What is this about?

What did the court decide?

Oriental Insurance Co.Ltd. v. Smt.Gulab Bai Soni and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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