Ms Oriental Insurance Company Ltd. through Its Senior Divisional Manager Vs Mosomat Yashoda and Ors.

2025:JHHC:27578

IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 239 of 2013

M/s Oriental Insurance Company Ltd., Divisional Office at P.O. + P.S. Lalpur, District-Ranchi through its Senior Divisional Manager, D.O.-I, Town and District-Ranchi Sri Alok Kumar Singh, S/o Sri Suresh Kumar Singh, R/o Tiwari Enclave, Circular Road P.O. -Lalpur, P.S.-Lalpur, District-Ranchi

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.... .... Appellant

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Versus

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Masomat Yashoda, W/o Late Kameshwar Rai

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Ramdeo Kumar Rai, S/o Late Kameshwar Rai

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Both residents of Keyitand, P.O. Doranda, P.S. Dhanwar, District-Giridih

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Umesh Kumar Rai @ Umesh Prasad Rai, S/o Dharmani Rai, R/o VillageBandhi, P.O. & P.S. Dhanwar, District-Giridih, Owner and driver of the vehicle (Mahendra Sawari No. JH-12A-6430).

¶10

Sri Shyamdeo Singh, R/o Kalyan Nagar, Road No. 1, Hume Pipe Sakchi, P.O. & P.S. Sakchi, District-Singhbhum East Jamshedpur, Owner of Ashok Leyland Truck No. HR-38 D – 7766

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The New India Assurance Co. Ltd., Bistupur Branch, P.S.-Bistupur, P.O. Jamshedpur, Jharkhand, Insurer of Ashok Leyland Truck No. HR-38 D – 7766, vide insurance policy no. 541001/31/04/0/967 w.e.f. 14.10.04 to 13.10.05

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Driver of the Truck No. JH 38 D 7766 is not known.

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… …. Respondents

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With

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M. A. No. 358 of 2013

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Umesh Kumar Roy @ Rai @ Umesh Prasad Roy @ Rai, S/o Dharmani Roy @ Rai, R/o Village- Bandhi, P.O.- Khorimahua P.S. Raj Dhanwar, DistrictGiridih, Owner-cum-Driver of Mahendra Sawari Vehicle No. JH-12A-6430.

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.... Appellant

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Versus

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Masomat Yashoda, W/o Late Kameshwar Rai

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Ramdeo Kumar Rai, S/o Late Kameshwar Rai

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Both residents of Keyatand, P.O. Doranda, P.S. Dhanwar, District-Giridih

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The Oriental Insurance Company Limited, Registered Office Oriental House, A-25/27, Asraf Ali Road, New Delhi-110002, having been insured by the Oriental Insurance Company Limited, at Ranchi Branch, Ved Narayan Bhawan, Katchary Road, P.S.-Lalpur, P.O. & District-Ranchi, represented through the Oriental Insurance Company, Divisional Office at B, 24 City Center, Sector-IV P.S. Sector-IV, P.O. & District-Bokaro Steel City, Jharkhand (Insurer of the Mahindra Savari Vehicle No. JH 12A 6430)

¶23

Sri Shyamdeo Singh, S/o Prayag Singh, R/o Kalyan Nagar, Road No. 1, Hume Pipe, P.O. & P.S. Sakchi, District-Singhbhum East, Jamshedpur (Owner of Ashok Leyland Truck No. HR-38 D 7766).

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M/s New India Assurance Co. Ltd., registered office 87 Mahatma Gandhi Road Port Mumbai at Mumbai having been insured by its Bistupur Branch, P.O. & P.S.-Bistupur, Jamshedpur, Jharkhand and represented through the local Branch, The Branch Manager, The New India Assurance Co. Ltd., Giridih Branch, P.O., P.S. & District-Giridih (Insurer of Truck No. HR-38 D 7766)

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Driver of the Truck No. JH 38 D 7766 is not known.

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2025:JHHC:27578

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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M.A. No.239/13 For the Appellant : Mr. Prashant Vidyarthy, Advocate For the Respondent No.3 : Mr. Mr. Shailendra Jit, Advocate For the Respondent No.5 : Mr. G.C. Jha, Advocate M.A. No.358/13 For the Appellant : Mr. V.K. Tiwary, Advocate Mr. Shailendra Jit, Advocate For the Respondents : Mr. Prashant Vidyarthi, Advocate Mr. Pratyush Kumar For the Resp. No. 5 : Mr. G.C. Jha, Advocate ------ Order No. 16 / Dated : 09.09.2025.

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Both these appeals arise out of the common judgment and award of compensation in Claim Case No. 33/2007, whereby and whereunder a compensation has been awarded under Section 166 of the M.V. Act for the death of Kameshwar Rai in a motor vehicle accident while he was travelling in Mahendra Sawari vehicle bearing registration no. JH-12A-6430.

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M.A. No. 358 of 2013 has been preferred by the owner-cum-driver of Mahendra Sawari vehicle bearing registration no. JH-12A-6430 and is aggrieved by order by which right to recovery has been granted to the Insurance-Company against the appellant (owner of the vehicle). M.A. No. 239 of 2013 has been filed by the Oriental Insurance Company, the insurer of the Mahendra Sawari vehicle bearing registration no. JH-12A-6430 against the finding of composite negligence and liability being fixed to the extent of 50% on it. Since the issue involved in both these appeals are interrelated, therefore, these appeals will be heard together and disposed of by the common order.

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It is submitted by the learned counsel, Mr. Vishal Kr. Tiwary, appearing on behalf of the appellant in M.A. No. 358 of 2013 that the more than 6-7 persons died and separate claim cases were filed in all of which the right to recovery was granted.

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This Court in M.A. No. 201 of 2010 along with M.A. No. 212 of 2010 and M.A. No. 09 of 2011 held that the accident took place due to rash and negligent driving by the Mahendra Sawari vehicle bearing registration no. JH-12A-6430 and thereby absolved the owner and its insurer of the truck from any liability.

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2025:JHHC:27578

¶34

It was also held that the there was no breach of terms and conditions of the insurance policy by the owner of the offending vehicle, and consequently the order of pay and recover from the owner of the vehicle was set aside.

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This is a case with the only difference that claim of the deceased husband has been allowed in favour Masomat Yashoda namely Kameshwar Rai and the liability was fixed on the Insurance-Company with a right to recovery in favour of the Insurance-Company against the owner. M.A. No. 239 of 2013 has been preferred by the insurer of the Mahendra Sawari vehicle bearing registration no. JH-12A-6430 by which 50% liability has been fixed on it as composite negligence.

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Heard both sides.

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The point for determination is basically with regard to the following questions in the present appeal:

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I. Whether it was a case of composite negligence caused by the driver of the truck bearing registration no. HR 38D 7766 and the driver of Mahendra Sawari vehicle bearing registration no. JH-12A-6430?

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II. Whether the right to recovery allowed in favour of both the InsuranceCompany against the owner of both the vehicles are sustainable or not?

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As discussed above these questions have already been answered in M.A. No. 201 of 2010 and its analogous cases, and that there is no other question of fact or law involved in the present appeals as distinguishable from the earlier appeals. Under the aforesaid facts and circumstances, the findings rendered in the earlier case are reiterated with respect to the above points for determination and is, accordingly, answered as below.

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I. The accident took place due to rash and negligent driving of the Mahendra Sawari vehicle bearing registration no. JH-12A-6430 by its driver Umesh Kumar Rai @ Umesh Prasad Rai, the said vehicle was under insurance cover of the Oriental Insurance Company at the relevant time of accident. The finding of the Tribunal of composite negligence is, therefore, not sustainable and is, accordingly, set aside.

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II. Further, a finding so far as right to recovery has been awarded to the Insurance-Company against the owner of the vehicle being Umesh Kumar Rai @ Umesh Prasad Rai is also not sustainable and set aside.

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2025:JHHC:27578

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In view of the above findings, M.A. No. 358 of 2013 is allowed and M.A. No. 239 of 2013 stands dismissed.

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Pending I.A., if any, stands disposed of.

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Statutory amount deposited at the time of preferring in both the Misc. Appeals be returned to the concerned appellants.

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(Gautam Kumar Choudhary, J . )

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Pawan/

Ms Oriental Insurance Company Ltd. through Its Senior Divisional Manager v. Mosomat Yashoda and Ors.

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Ms Oriental Insurance Company Ltd. through Its Senior Divisional Manager v. Mosomat Yashoda and Ors.

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