Dismissed

Kauleshwar Dangi v. United India Insurance Company Ltd.

Jharkhand HC1 Nov 2022MA/308/2016

Case brief

AI extract

What is this about?

The High Court of Jharkhand dismissed an appeal against an order rejecting a motor accident compensation claim. The court held that no compensation is payable when the accident results from the claimant's own negligence, noting it is inconceivable for a person to seek compensation for self-inflicted loss.

What did the court decide?

The miscellaneous appeal was dismissed and leave to appeal was returned to the Court concerned.

Kauleshwar Dangi Vs United India Insurance Company Ltd. — Property and Title | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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M.A. No. 308 of 2016

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Kauleshwar Dangi, son of Manger Dangi, resident of Vill. Changer, PO & P.S. Chatra District Chatra …. Claimant/ Appellant

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- V E R S U S –

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United India Insurance Co. Ltd., Prabhu Niwas, Gurugovind Singh Road, Annda Chowk, Hazaribagh

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…Respondents/ Opposite Party

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CORAM: THE HON'BLE DR. JUSTICE S.N.PATHAK

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For the Appellant : Mr. Vijay Kr. Sharma, Advocate. For the Respondent : Mr. Manish Kumar, Advocate

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15/ 01.11.2022 Heard the parties.

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2. The instant appeal has been filed by the appellant-claimant assailing the order dated 19.03.2016, passed by learned Principal District Judge-II-cum-Addl. Claim Tribunal, Chatra in M.V. Claim Case No. 09 of 2005, whereby the learned Tribunal has dismissed the claim case of the Claimant on the ground that accident occurred due to rash and negligent driving by the claimant himself.

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3. As per the factual matrix, on 05.11.2004 at about 08:30 A.M., the claimant was going to Chatra by his Yamaha Crux Motorcycle driven by his nephew, Sambhu Dangi. When they reached Jamunia More, the driver of the motorcycle lost his control and split in the dig, as a result of which, the Claimant fell down and sustained injuries. Thereafter, he was taken to Sadar Hospital, Chatra where he was medically treated. Subsequently, the Police came to the Sadar Hospital and recorded the fardbeyan of Sambhu Dangi and accordingly, a Sanha No. 119 dated 05.11.2005 was entered. It was further pleaded that at the time of accident, the claimant was 38 years of age and was earning Rs.3750/- per month by discharging the work of Mason. It was also pleaded that the

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claimant was the only bread-earner of his family and because of his injury which is permanent in nature, his entire family are facing financial crisis.

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4. Despite service of notice, Insurance Co. did not appear and hence, the case was proceeded ex-parte against the Insurance Co. vide order dated 18.05.2015.

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5. The Claimant has adduced both oral as well as documentary evidences, which were marked as Exhibits.

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6. Learned Tribunal after considering the submissions of the learned counsel for the Claimant and perusing the evidence both oral and documentary, dismissed the claim case holding that the accident took place due to the fault of the Claimant himself and as such, no compensation can be awarded to the Claimant.

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7. Aggrieved by the said order the Claimant has rushed to this Court for redressal of his grievances. 8. Mr. Vijay Kr. Sharma, learned counsel appearing for the appellant assailing the impugned order submits that the award passed by the learned Tribunal is inadequate, improper and contrary to the provisions of law since the learned Tribunal has failed to appreciate the vital issues involved in the instant case. Learned counsel further argues that the learned Tribunal has erred to decide the Ex. X/2, which clearly shows that Insurance Co. has taken extra compulsory premium from owner and driver hence, Insurance Co. is liable to pay compensation.

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9. On the other hand, Mr. Manish Kumar, learned counsel respondent-Insurance Co. justifies the impugned order and submits that the learned Tribunal has considered every aspects of the matter and thereafter, came to the finding that since the accident occurred due to the rash and negligent driving of the Claimant, hence, he is not entitled for any compensation. .

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10. Having heard the parties and upon considering the materials available on record, this Court is in full agreement with the award passed

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by learned Tribunal and no interference is warranted in the same. Learned Tribunal while deciding the case hold that the Claimant has not been able to prove that accident occurred because of mechanical fault in the offending motorcycle. From the materials brought on record it is apparent that the accident occurred because of the own negligence of the claimant himself in driving the offending motorcycle owned by himself though insured with the respondent-Insurance Co. No compensation can be awarded if the accident took place due to the negligence of the Claimant himself. Further it is inconceivable that a person initiates action against himself by pleading that it was because of his own fault loss was caused to him and for that loss he should be asked to compensate himself.

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11. In vies of the aforesaid observations and legal propositions, the instant miscellaneous appeal being devoid of any merit, is hereby dismissed.

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12. Office is directed to return the LCR to the Court concerned at the earliest.

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(Dr. S.N. Pathak, J.)

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RC/ K

Kauleshwar Dangi v. United India Insurance Company Ltd.

Case brief

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Kauleshwar Dangi v. United India Insurance Company Ltd.

Case brief

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