Dismissed

Oriental Insurance Company Ltd. v. Rajesh Yadav and Ors.

Patna HC10 Jul 2013MA/800/2010

Case brief

AI extract

What is this about?

In this miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988, the Patna High Court disposed of the appeal against a motor accident compensation award. Ruling that mere evidence of a fake driving licence is insufficient to avoid insurance liability without proof of the owner's conscious participation, the court dismissed the appeal and remitted funds to the tribunal.

What did the court decide?

The appeal is disposed of; the statutory amount is remitted to the tribunal for disbursement.

Oriental Insurance Company Ltd. Vs Rajesh Yadav and Ors. — Motor Accident Claims | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.800 of 2010

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====================================================== Oriental Insurance Company Ltd., through the Deputy Manager (TP HUB), Regional Office, Pirmohani, Kadamkuan, Patna (For the Divisional Manager of the Oriental Insurance Company Ltd, R/o Shyama Talkies Road, Mangal Bazar, Katihar-854105 and Divisional Manager of Oriental Insurance, R.B.S.S. Road, Kachhari Road, Bhagalpur). .... O.P. Nos.3 and 4 .... Appellant/s Versus 1. Rajesh Yadav, son of late Bhola Yadav, R/o Makdampur Kunaila, P.S.Dalsingsarai, District- Samastipur…….Claimant no.1. 2. Mahesh Yadav, son of late Bhola Yadav, resident of VillageMakdampur, Kunaila, P.S.- Dalsingsarai, District- Samastipur. ….Claimant no.2. 3. Kanhay Yadav, son of late Bhola Yadav, resident of VillageMakdampur, Kunaila,a P.S.- Dalsingsarai, District- Samastipur. ….Claimant no.3 4. Bishun Yadav, son of late Bhola Yadav, resident of VillageMakdampur, Kunaila, P.S.- Dalsingsarai, District- Samastipur…. Claimant no.4 5. Driver of the vehicle Tractor No.BR-11B-3340, namely, Suman Jha, son of Sri Mahanth Jha, resident of Bahadurpur, P.S.- Supaul, DistrictPurnea…. O.P. No. 1. 6. Owner of the vehicle Tractor no.BR-11B-3340, namely, Arun Kumar Roy, son of Sri Sukhdeo Roy, resident of Village- Pakra,P.S.Naugachhia, District- Bhagalpur……O.P. No.2. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mukteshwar Pd. Singh For Respondent (claimants) : Mr. Dhananjay Kumar For Respondent (Owner): : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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7 10-07-2013 Heard Mr. Mukteshwar Prasad Singh, learned counsel appearing for the appellant-insurance company, Mr. Dhananjay Kumar, learned counsel appearing for the claimants and Mr. Ajay Kumar Jha, learned counsel appearing for the owner of the offending vehicle.

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This appeal under section 173 of the Motor Vehicles

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Patna High Court MA No.800 of 2010 (7) dt.10-07-2013

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Act, 1988 questions the judgment and award dated 22.5.2010/22.6.2010 passed by the learned 1^st Additional District Judge-cum-Motor Vehicles Accident Claims Tribunal, Bhagalpur in Claim Case No.35 of 2005, whereby the tribunal while awarding compensation has allowed the claim case.

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The only issue that is being raised before this Court on behalf of the appellant-insurance company is regarding the genuineness of the driving licence. According to the appellant, the driving licence was fake.

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The issue raised by the appellant-insurance company stands well settled in the judgment of the Supreme Court reported in ( 2004) 3 SCC 297 (National Insurance Co. Ltd. Vs. Swaran Singh) and which legal position was reiterated in the subsequent judgment of the Supreme Court reported in (2007) 5 SCC 428 ( Oriental Insurance Co. Ltd. Vs. Meena Variyal). It has been held that mere absence of or production of fake licence itself would not be sufficient reason for the insurance company to avoid liability unless and until it was able to prove that the owner was a conscious party to this default and which is the basis for the accident in question. In fact, the tribunal having noted the objection has rejected the same in the light of the judgment of the Supreme Court.

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Patna High Court MA No.800 of 2010 (7) dt.10-07-2013

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In view of the legal position settled by the judgments

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of the Supreme Court referred to above, no case for indulgence is made out and this appeal is accordingly disposed of.

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Let the statutory amount be remitted to the tribunal for disbursement in accordance with law.

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Let the lower court records be transmitted to the

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tribunal concerned forthwith.

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(Jyoti Saran, J)

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SKPathak/-

Oriental Insurance Company Ltd. v. Rajesh Yadav and Ors.

Case brief

What is this about?

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Oriental Insurance Company Ltd. v. Rajesh Yadav and Ors.

Case brief

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