Allowed

The Divisional Manager v. Nago Yadav and Ors.

Patna HC8 Jul 2013MA/273/2010

Case brief

AI extract

What is this about?

The Patna High Court allowed the insurance company's appeal against an interim award directing payment under Section 140 of the Motor Vehicles Act, holding that evidence showed the vehicle was not covered by an active policy on the date of the accident.

What did the court decide?

The appeal was allowed, the interim award was set aside, and the matter was remanded to the Tribunal for fresh consideration.

The Divisional Manager Vs Nago Yadav and Ors. — Motor Accident Claims | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Miscellaneous Appeal No.273 of 2010

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====================================================== The Divisional Manager, the Oriental Insurance Company Ltd., Divisional Office, Saharsa .... .... Appellant/s Versus 1. Nago Yadav, S/o Kishan Yadav, resident of village-Simraha, Ward No. 35, P.S. & District-Saharsa 2. Jay Prakash Tiwari, son of Sidha Nath Tiwari, resident of Tiwari Tola, P.S. & District-Saharsa, owner of the Tractor No. BRU-6988 3. Manoj Tiwai, son of Sidha Nath Tiwari, resident of Tiwari Tola, P.S. & District-Saharsa, owner of Tractor No. BRU-6988 4. Jawahar Sah, S/o Sri Jagru Sah, resident of Simrail, Ward No. 19, Saharsa, Driver of the Tractor No. BRU-6988 .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 08. 08-07-2013 Mr. Barun Kumar Chaudhary, learned counsel for the appellant-Insurance Company and Mr. Sameer Ranjan, learned counsel for the claimants has appeared. Although the owner/driver have registered their appearance through Mr. Nafisuzzoha but neither there was any representation on their behalf when the matter was last taken up on 27.6.2013 nor there is any representation on behalf of the respondent nos. 3 and 4 i.e. the owner and the driver today.

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This appeal is directed against the award dated 27.11.2009 passed by the learned District and Sessions Judge-cum-Motor Accident Claims Tribunal, Saharsa in Claim Case No. 8 of 2008, whereby the learned Tribunal has allowed the petition filed under Section 140 of the Motor Vehicles Act, 1988 and directed the

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Patna High Court MA No.273 of 2010 (8) dt.08-07-2013

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appellant insurance company to make payment of Rs. 50,000/under the no fault liability.

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It is admitted position that the claim application under Section 166 of the Act is yet pending for disposal before the Tribunal.

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Pursuant to the order of this Court the lower court records have been received and learned counsel with reference to the insurance policy which forms part of the record has submitted that the vehicle in question was insured from 23.1.2008 to 22.1.2009. He submits that the accident took place on 14.1.2008 when this policy was not in operation and there is no other policy on record to show whether the vehicle was covered by any insurance on that date. The interim award under challenge in this appeal also does not discuss as to whether the vehicle was under coverage of insurance on the date of insurance i.e. 14.1.2008.

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Mr. Chaudhary has with reference to the records of the Tribunal submitted that apart from the policy dated 22.1.2008 there is no other policy on record to contradict his statement.

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Learned counsel for the claimant also is not in a position to controvert this position. Since the owner of the vehicle despite registering his attendance before this Court is not in attendance today, hence this Court in view of the factual position emanating

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Patna High Court MA No.273 of 2010 (8) dt.08-07-2013

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from the insurance policy dated 22.1.2008 has no other option but to set aside the award and remit the matter to the Tribunal for fresh consideration of the interim prayer and its disposal after affording opportunity of hearing to all the contesting parties.

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This appeal is allowed.

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Let the lower court records be transmitted back to the Tribunal forthwith. Let the statutory amount deposited by the appellant insurance company be returned to them in accordance with law.

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(Jyoti Saran, J)

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S.Sb/-

The Divisional Manager v. Nago Yadav and Ors.

Case brief

What is this about?

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The Divisional Manager v. Nago Yadav and Ors.

Case brief

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