Allowed

United India Insurance Company v. Smt. Amrita Singh and Ors.

Patna HC4 Jul 2013MA/264/2012

Case brief

AI extract

What is this about?

In a motor accident claim appeal, this Court set aside the liability of the insurance company due to non-production of the insurance policy by the vehicle owner. The Court modified the award to make the owner liable for compensation.

What did the court decide?

The impugned judgment and award are modified; liability to pay compensation and interest shifts to the owner of the vehicle. Deposit made by the appellant insurance company is directed to be returned.

United India Insurance Company Vs Smt. Amrita Singh and Ors. — Insurance | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.264 of 2012

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United India Insurance Company Ltd. through Branch Manager, United India Insurance Company Limited, Begusarai, Appeal And Appellant through the Manager & Constituted Attorney, Regional Office, United India Insurance Company Limited, Chanakya Commercialcomplex, R' Block, Patna

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.... .... Appellant/s Versus

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Smt. Amrita Singh W/O Lt. Shailendra Prasad Singh R/o I.M.A. Path, Krishnapuri, P.S. Town Begusarai, Distt. - Begusarai, Permanent Resident of Village - Badalpura, P.S. Matihani, Distt. - Begusarai

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Dharmenda Kumar S/O Lt. Shailendra Prasad Singh R/O I.M.A. Path, Krishnapuri, P.S. Town Begusarai, Distt. - Begusarai, Permanent Resident of Village - Badalpura, P.S. Matihani, Distt. - Begusarai

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Chandan Kumar S/O Lt. Shailendra Prasad Singh R/O I.M.A. Path, Krishnapuri, P.S. Town Begusarai, Distt. - Begusarai, Permanent Resident of Village - Badalpura, P.S. Matihani, Distt. - Begusarai

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Sri Lallan Kumar Singh S/O Sri Rudhdha Singh R/O Moldiar Tola, P.S. Mokama, Distt. - Patna

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Ganesh Mahto S/O Ramautar Mahto R/O Village - Sultanpur, P.S. Mokama, Distt. - Patna .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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11. 04-07-2013 Mr. Durgesh Kumar Singh for the appellant, learned counsel for the claimant-respondent nos. 1 to 3 and Mr. Manoj Kumar Singh, learned counsel appearing for the owner-respondent no. 4 are present.

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This appeal under Section 173 of the Motors Vehicle Act, 1988 is directed against the judgment and award dated 25.11.2011 / 7.2.2012 passed by the learned Additional District Judge-Vcum-Motor Accident Claim Tribunal, Buxar, in Claim Case No. 8 of 2003, whereby the learned Tribunal while allowing the case of

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Patna High Court MA No.264 of 2012 (11) dt.04-07-2013

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the claimant has directed the insurance company to make payment of the compensation amount.

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The only issue that has been raised by the appellant insurance company in this appeal is that even while there was no evidence to demonstrate that the vehicle was insured except the police investigation report and even when the owner of the vehicle did not choose to appear to contest the claim, the tribunal simply relying upon the statement made by the claimant that the offending vehicle was insured and bore insurance policy no. 652419-05-31-2002 which information was derived from the case diary and was contested by the insurance company to submit that no insurance policy by the said number had been issued from the company and that the policies being issued from the company started with separate digits, the tribunal while dismissing the contentions of the insurance company, inter alia, on grounds of absence of authentic proof, has directed them to make payment of the compensation amount and thus this appeal. This appeal raises no other issue except that the policy was never issued by the appellant company. Upon notice being served, the owner has appeared through counsel, Mr. Manoj Kumar Singh who was directed by this Court vide order dated 7.5.2013 to produce the insurance paper but despite indulgence being granted to him on

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Patna High Court MA No.264 of 2012 (11) dt.04-07-2013

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16.5.2013, no insurance paper was produced by him rather a statement was made that it had got lost. Neither the name of the insurance company through which the vehicle was insured nor the number of the policy has been brought on record by the ownerrespondent no. 4. Whatsoever confusion that was prevailing when the matter was being contested before the tribunal stands removed upon appearance of the owner before this Court and his failure to produce any evidence to demonstrate that the vehicle was insured which is sufficient to draw adverse inference against him. It is but obvious that if the offending vehicle was not insured on the date of accident, the insurance company cannot be saddled with any liability. The failure of the owner-respondent no. 4 to give any information to this Court and to demonstrate that the vehicle was insured, has left no other option to this Court than to modify the award shifting the liability of payment of compensation on the respondent no. 4 i.e. the owner. Even today, before this Court proceeded to pass the final order, on query Mr. Manoj Kumar Singh appearing for the respondent no. 4 reiterated his earlier submission regarding the paper having been lost and that he has no details relatable to the policy in question. The position being such, the insurance company cannot be held liable to indemnify the owner in absence of any evidence to

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Patna High Court MA No.264 of 2012 (11) dt.04-07-2013

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demonstrate that the offending vehicle was insured.

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In the circumstances, the judgment and award impugned stands modified to the extent that now it is the respondent no. 4 i.e. the owner of the offending vehicle who is to make payment of the compensation amount as determined by the tribunal in terms of the judgment and award impugned together with interest and within the period stipulated thereunder. This appeal is allowed.

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Let the statutory amount deposited by the appellantinsurance company be returned to them in accordance with law.

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Let the lower court records be returned to the tribunal concerned forthwith.

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(Jyoti Saran, J)

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S.Sb/-

United India Insurance Company v. Smt. Amrita Singh and Ors.

Case brief

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United India Insurance Company v. Smt. Amrita Singh and Ors.

Case brief

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