Dismissed

National Insurance Company Limited Through Assistant Manager Jharkhand Legal Cell v. Rameshwar Lohra And Ors.

Jharkhand HC4 Jul 2022MA/662/2017

Case brief

AI extract

What is this about?

The appellant Insurance Company challenged an award allowing compensation against them for covering a vehicle with multiple owners. The Court held liability is joint and several, allowing suit against any co-owner. The appeal was dismissed, and directed disbursement of deposited funds.

What did the court decide?

The appeal was dismissed. The deposited statutory amount should be disbursed to claimants and the Insurance Company after verification.

National Insurance Company Limited Through Assistant… — Consumer Protection | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No. 662 of 2017

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National Insurance Co. Ltd., Gumla..…

Appellant(s).

Versus

1. Rameshwar Lohra

2. Basanti

3. Bhikhari Oraon

4. Mukesh Kerketta... Respondent(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the appellant(s): Mr. Amresh Kumar, Advocate. For respondent: Mr. Rajesh Kumar Singh, Advocate.

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05/04.07.2022: This appeal has been filed by the appellant-Insurance Company challenging the Award dated 28.7.2017 passed in MAC No. 22/2011 by the District Judge-cum-Motor Vehicle Accident Claim Tribunal-IV, Gumla.

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The only ground taken in this appeal is that there were ten registered owners of the offending vehicle, but the compensation case has been filed only impleading one co-owner- Bhikhari Oraon, thus the case was not maintainable and was liable to be dismissed. This is the only ground raised by the Insurance Company in this appeal.

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From the admitted fact, I find that the vehicle bearing registration No. JH 07A 2909 is the offending vehicle. The vehicle was insured with the appellant. Admittedly, the vehicle was registered in the name of ten person including Bhikhari Oraon. The Tribunal, by the impugned award assessed the compensation to the tune of Rs.3,14,000/- and directed the Insurance Company to pay the same and also recover the same from the owner of the offending vehicle, as there was violation of the terms and conditions of the insurance policy.

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From the award, I further find that the principle of “pay and recover” has been applied in this case. Right to recover the amount has been granted to the Insurance Company, thus the Insurance Company should not feel aggrieved by the award. The Tribunal has rightly passed the award directing the Insurance Company to recover the amount of compensation from the owner of the offending vehicle.

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If there are more than one registered owner of a vehicle, the liability is joint and several. That being so, the claimant can sue any one of the owner or all. It will be open to the owner, who was made party in the litigation to recover the amount of compensation from other co-owners in appropriate proportion.

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-2-

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Thus, considering the above proposition of law, I find no merit in this appeal. This appeal is dismissed accordingly.

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The amount of compensation along with interest, which has been deposited vide order dated 6.3.2018 should be disbursed to the claimants after proper verification.

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Statutory amount, so deposited, should also be disbursed to the Insurance Company.

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(ANANDA SEN, J.)

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Anu/-CP.2

National Insurance Company Limited Through Assistant Manager Jharkhand Legal Cell v. Rameshwar Lohra And Ors.

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited Through Assistant Manager Jharkhand Legal Cell v. Rameshwar Lohra And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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