Partly allowed

Laxmin Bai v. Branch Manager, Iffco Tokiyo General Insurance Company Limited

Chhattisgarh HC28 Nov 2023MAC/783/2017

Case brief

AI extract

What is this about?

This is an appeal challenging an award by the Motor Accident Claims Tribunal dismissing a claim application under Section 163(A) M.V. Act, 1988. The First Upper Tribunal dismissed the claim as the deceased was the owner-driver. The High Court held that since Rs. 50 was charged for owner-driver coverage, an award of Rs. 1,00,000 is made to the heirs.

What did the court decide?

Award of Rs. 1,00,000 as compensation to the appellants/claimants to be paid by the respondent within 60 days with 6% interest from the date of application.

Laxmin Bai Vs Branch Manager, Iffco Tokiyo General Insurance… — Insurance | Chhattisgarh HC (2023)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MAC No. 783 of 2017

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1 - Laxmin Bai Wd/o Late Shyam Lal Suryavanshi Aged About 26 Years R/o Kirari, Post- Masturi, Tahsil And District Bilaspur, Chhattisgarh.

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2 - Kumari Sunidhi, D/o Late Shyam Lal Suryavanshi, Aged About 7 Years R/o Kirari, Post- Masturi, Tahsil And District Bilaspur, Chhattisgarh.

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3 - Khileshwer, S/o Late Shyam Lal Suryavanshi, Aged About 2 Years R/o Kirari, Post- Masturi, Tahsil And District Bilaspur, Chhattisgarh.

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4 - Kumari Shruti, D/o Late Shyam Lal Suryavanshi, Aged About 5 Years R/o Kirari, Post- Masturi, Tahsil And District Bilaspur, Chhattisgarh.

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---- Appellants

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Versus

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1 - Branch Manager, Iffco Tokiyo General Insurance Company Limited Iffco Tokiyo General Insurance Company Limited, Branch Office- Galaxy Heights First Floor, Near I. C. I. C. I. Bank, Byapar Vihar Road, In Front Of Sanjay Apartment Bilaspur, Tahsil And District Bilaspur, Chhattisgarh., Chhattisgarh

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---- Respondent

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For Appellants : Mr. Arjun Lal Singroul, Advocate For Respondent : Mr. P.R. Patankar, Advocate

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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28/11/2023

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Challenge in this appeal is to an award dated 26.10.2016 passed in Claim Case No. 635/2015 by the 4^th Upper Motor Accident Claims Tribunal, Bilaspur, (C.G.), by which the learned Tribunal has dismissed the claim application filed by the appellants/claimants under Section 163(A) of the Motor Vehicles Act, 1988 (for short M.V.Act).

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The claim application was filed by the appellants/claimants seeking compensation on account of death Shyam Lal Suravanshi in an accident that took place on 29.05.2015. As per claim application, the deceased was driving offending vehicle and he met with an accident resulting into his death.

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The appellants/claimants claimed that he was earning Rs. 3,000/- per month as a

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Labour and total compensation of Rs. 10,82,000/- was claimed. The claim application was resisted by the insurance company that no other vehicles was involved and the deceased died driving the motorcycle himself and as he was not a third party. (The case is covered by judgment of the Hon’ble Supreme Court in Nigamma and Another Vs. United India Insurance Company Limited 2009 ACJ 2020).

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Mr. Singroul learned counsel for the appellants/claimants submits that tribunal ought to have considered that it is a case of Section 163 (A) of the M.V. Act, therefore, negligence should not be considered and learned Tribunal ought to awarded compensation. Alternatively he submits that Rs. 50/- was charged for coverage of owner-driver therefore, atleast Rs. 1,00,000/- ought to have been awarded.

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Mr. Patankar supports the award and submits that no other vehicles involved in the case, therefore, in the light of the judgment of Hon’ble Supreme Court Nigamma and Another (supra), the finding recorded by the learned Tribunal does not require any interference. However, admittedly Rs. 50/- was charged by the insurance company covering the risk of owner-driver to the tune of Rs. 1,00,000/- therefore in view of the judgment of Hon’ble Supreme Court in the case of Ram Khiladi Vs. The United Insurance company Limited (2020) 2 SCC 550 , this Court is inclined to award Rs. 1,00,000/- as compensation the appellants/claimants to be paid by the respondent/insurance company withing a period 60 days with 6% interest from the date of claim application till its actual payment.

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Heard learned counsel for the parties, considered the submission

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Thus, appeal is partly allowed as indicated above.

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Sd/-

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(Sachin Singh Rajput ) Judge

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H.ANSARI

Laxmin Bai v. Branch Manager, Iffco Tokiyo General Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Laxmin Bai v. Branch Manager, Iffco Tokiyo General Insurance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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