Partly allowed

Shriram General Insurance Co. Ltd. v. Smt. Veenawati and Ors.

Rajasthan HC7 Aug 2019CMA/724/2018

Case brief

AI extract

What is this about?

HC Jodhpur in a civil appeal rejected the insurance company's challenge to a compensation award, rejecting their new plea that the vehicle was not involved. The court affirmed the vehicle's involvement based on eyewitness and inspection reports and reduced the awarded interest rate to 6.5%.

What did the court decide?

Liability dismissed; interest rate reduced to 6.5%; file remanded for calculation.

Shriram General Insurance Co. Ltd. Vs Smt… — Writ and Judicial Review | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Misc. Appeal No. 724/2018

¶3

Shriram General Insurance Company Ltd., Having Its Corporate Office At E-8 Epip, Riico, Sitapura, Jaipur, Through Its Authorized Representative.

¶4

----Appellant

¶5

Versus

¶6

Smt. Veenawati W/o Late Pradeep Kumar Parihar.

¶7

Gaurav S/o Late Pradeep Kumar Parihar.

¶8

Saurabh S/o Late Pradeep Kumar Parihar, All By Caste Parihar, Resident Of House No. Ka-21, Hiranmagri, Sector-5, Udaipur. (Claimants)

¶9

Lal Singh S/o Shri Kehar Singh Rathore, Resident Of Kunda, Tehsil Rishabdev, District Udaipur (Driver)

¶10

Suresh Kumar S/o Govindji Suthar, Resident Of SutharoKa-Mohalla, Semari, Tehsil Sarada, District Udaipur (Owner).

¶11

----Respondents For Appellant(s) : Mr. Jagdish Vyas For Respondent(s) : Mr. R.S. Mankad

¶12

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

¶14

07/08/2019

¶15

The appellant-Insurance Company has assailed the judgment and award dated 15.01.2018 whereby the compensation has been awarded to the claimants which is stated to have occurred allegedly by one Jeep bearing No.RJ19 UA 3512 wherein the deceased Pradeep Kumar who was driving a motorcycle was hit by the said vehicle resulting in his death due to the injuries in the hospital where he was brought by one eye witness Udai Lal.

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(2 of 6)

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[CMA-724/2018]

¶18

Learned counsel for the appellant-Insurance Company submits that in the FIR, which was registered by brother of the deceased, the vehicle number was not mentioned and it was stated that by unknown vehicle, the accident has been caused and thus, there is a doubt about the involvement of the vehicle. It is submitted that the eye witness Udai Lal who has deposed as AW-2 before the learned Tribunal, states that he had brought the injured to the hospital after calling ambulance and left the place after the police personnel and the concerned relatives had arrived in the hospital. Thus, he had an ample opportunity to inform the police as well as the members of the family of the number of the Jeep but he has not informed them about the Jeep having caused accident and it is later on as an afterthought the number of Jeep has been mentioned before the police by the concerned person Udai Lal.

¶19

Learned counsel submits that from the mechanical inspection report, it does not appear that the concerned Jeep was involved in the accident. It is submitted that the mechanical inspection report was conducted after about one month i.e. 13.07.2016 whereas the accident said to have occurred on 15.06.2016 and thus, the report stating that there is a fresh mark of abrasion on the body of the vehicle, could not be related to the said accident.

¶20

Learned counsel further submits that the first version which has been said in the FIR shows that the vehicle, which had hit the deceased was unknown and the concerned Jeep has been introduced subsequently.

¶21

Learned counsel relies on United India Insurance Co. Ltd. Vs. Pawan Tikkiwal & Ors. reported in 2008 R.A.R. 56 (Raj.), to submit that subsequent improvement in the statement cannot be

¶22

(3 of 6)

¶23

[CMA-724/2018]

¶24

made as a basis for grant of compensation and holding that the Jeep was involved.

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Per contra , learned counsel appearing for the claimants submits that the Insurance Company has taken a plea before this Court, which was not taken before the learned Tribunal.

¶26

Learned counsel has taken this Court to the written statement filed by the Insurance Company and the additional plea taken therein to submit that the stand of the Insurance Company before the learned Tribunal was only to the effect that the deceased had met with the accident on account of his own negligence and careless driving and having driven his vehicle without helmet. Learned counsel also points that the Insurance Company has taken an alternate plea that if the court reaches to the conclusion that the accident has been caused by the insured vehicle then it should be treated that there was a contributory negligence of the deceased, who was driving the motorcycle.

¶27

Learned counsel thus, submits that in the present appeal, a different plea to that taken before the tribunal in written statement cannot be allowed to be accepted. Leaned counsel further submits that in the cross examination of Udai Lal conducted by the Insurance Company, no such suggestion has been put forward by the counsel for the insurance company that the vehicle was not involved or that he had given false number to the police. He also submits that the police after investigation has registered a case under Section 304-A against the driver and the vehicle was seized. In the inspection report, it has come out that there is a dent in the centre on the front bumper body of the vehicle. Thus, the stand taken by the eyewitness of the Jeep

¶28

(4 of 6)

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[CMA-724/2018]

¶30

having caused direct hit on the motorcycle is also proved from the inspection report Exhibit-9.

¶31

I have considered the submissions. 5. In United India Insurance Co. Ltd. Vs. Pawan

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Tikkiwal & Ors. (supra), a coordinate Bench of this Court has observed as under:

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“On the settled principle of law of evidence is that the first version of an incident contains the kernel of truth. For, it is the tendency of human beings to speak the truth immediately. Subsequently, after due deliberations, the fact can be changed, the story can be embroidered and a fictional version can be treated. Thus, while appreciating the evidence, the Courts consider the initial statement as containing the substratum of truth. In case there is a change in the factual foundation of the case, the Court should be put on alert and should scrutinise the evidence meticulously so as to separate the wheat from the sheff.”

¶34

Keeping in view the aforesaid if we examine the present case and read the evidence which has come on record, it is appearing that Udai Lal has specifically deposed that the Jeep bearing No.RJ19 UA 3512 was being driven with high speed and has directly hit the concerned motorcycle, which was being driven by the deceased. The deposition of Udai Lal is natural when he says that he left the hospital after the relatives and police personnel have arrived. He also states that he had left for Gandhidham on the next day and after he returned, he immediately went to the police station and informed. The statement of Udai Lal is also corroborated from the charge sheet filed by the police personnel wherein it has been mentioned that

¶35

(5 of 6)

¶36

[CMA-724/2018]

¶37

the concerned eyewitness Udai Lal had approached the police station and had shown the number from his diary of the vehicle involved.

¶38

In the cross examination, there is no suggestion by the insurance company of the vehicle not being involved or that there was any false statement being made by the eyewitness. A suggestion of the eyewitness being relative of the owner which was denied by the eyewitness.

¶39

I have looked at the inspection report also shows that apart from there being a fresh abrasion mark on the body of the offending vehicle, there is a dent in the center of the bumper body of the Jeep bearing No. RJ19 UA 3512 which gives credence to the statement of the eyewitness.

¶40

Thus, independently if we examine, find that the vehicle was involved in the accident. Although the appellants have not taken a plea in their written statement, but it appears that the arguments were against during the course of hearing before the learned Tribunal.

¶41

Thus, this Court has examined the matter on merits and find that there was an active involvement of the offending vehicle and as the said vehicle was duly insured, the insurance company appeal against grant of award is found to be without merit.

¶42

Learned counsel for the Insurance Company has prayed for reduction of the amount of award on the ground that the interest awarded is on the higher side and submits that the interest ought to be awarded as payable on the FD and submits that the interest should be reduced.

¶43

(6 of 6)

¶44

[CMA-724/2018]

¶45

I have considered the submissions and find that so far as the interest rate is concerned, its appears to be on the higher side, the same is reduced to 6.5%. The amount shall be accordingly calculated and if not paid, shall be released within a period of three months.

¶46

The appeal is disposed of accordingly. The record, which has been called before this Court be sent back forthwith. All pending applications stand disposed.

¶47

(SANJEEV PRAKASH SHARMA),J

¶48

55-Zeeshan/-

Shriram General Insurance Co. Ltd. v. Smt. Veenawati and Ors.

Case brief

What is this about?

What did the court decide?

Shriram General Insurance Co. Ltd. v. Smt. Veenawati and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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