Partly allowed

National Insurance Co. Ltd. v. Smt. Ambu Kanwar and Ors.

Rajasthan HC2 Dec 2023CMA/110/2001

Case brief

AI extract

What is this about?

In this motor accident appeal, the High Court held that insurance company liability cannot be shirked merely for non-production of policy terms when evidence clearly showed the driver was unlicensed during the accident. The appeal was partly allowed, directing deposit and subsequent recovery from the owner.

What did the court decide?

The appeal is partly allowed; the insurance company shall deposit the award amount including interest and recover it from the vehicle owner.

National Insurance Co. Ltd. Vs Smt. Ambu Kanwar and… — Motor Accident Claims | Rajasthan HC (2023)

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[2023:RJ-JD:41783]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 110/2001

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National Insurance Co Ltd. Jodhpur

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----Appellant

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Versus

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Smt. Ambu Kanwar W/o Sh. Achal Singh, Resident of village, Deda, Tehsil Shergardh, Distt. Jodhpur.

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Miss Sammu D/o Sh. Achal Singh, aged about 3 years minor through Smt. Ambu Kanwar her mother and natural Guardian Resident of village Deda Tehsil Shergarh, Distt. Jodhpur.

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Mst. Lehar Kanwqar W/o Sh. Ram Singh aged about 52 years by caste Rajput, Resident o village Deda, Tehsil Shergarh Distt. Jodhpur.

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Claimants-Respondents

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Mag Singh S/o Sh. Shaitan Singh by caste Rajpoot, resident of Balesar Satta Tehsil Shergarh, distt. Jodhpur.

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Driver of vehicle No.RJ 1/5682 5. Kalu Ram S/o Sh. Pabu Ram, by caste Mali, resident of Balesar Sattan, Tehsil Shergarh, Distt. Jodhpur owner of the vehicle.

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Non-claimant-respondents.

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		----Respondents
For Appellant(s)	: Mr. Anil Kaushik
For Respondent(s)	:

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HON'BLE MR. JUSTICE MUNNURI LAXMAN

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Order

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02/12/2023

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The challenge in the present appeal is to the award dated 11.10.2000 passed by learned Judge, Motor Accidents Claims Tribunal, Jodhpur on the file of Motor Accident Claim Case No.304/98 wherein and whereby the claim made by the legal heirs of the deceased was allowed and compensation was ordered to be

[2023:RJ-JD:41783]

[CMA-110/2001]

(2 of 3)

paid by the appellant-Insurance Company as well as the owner of the vehicle.

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The present appeal is at the instance of Insurance Company. The main challenge in the present appeal is that the Tribunal having noticed the fact that the driver of the vehicle was not holding any license, still liability was fastened upon the appellant. According to him, such a finding of the Tribunal is unsustainable.

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None has appeared and there is no representation from respondents.

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As seen from the impugned order there is a clear finding that the accident occurred on 13.04.1998 and the evidence of DW1 clearly demonstrate that the license was obtained on 22.04.1998 which is after the date of accident. It means the driver of the vehicle was not holding any license on the date of accident but the Tribunal fastened the liability upon the Insurance Company on the basis that the Insurance Company failed to produce the terms and conditions of policy, which finding is unsustainable. When there is an ample evidence to show that the driver was not holding license, liability cannot be fastened on the Insurance Company merely because terms and conditions of policy are not produced. However, in the present case, the victims are the passengers in the vehicle and they were unconcerned with the breach of conditions of non-holding license between the Insurance Company and the owner of the vehicle. Therefore, the Insurance

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[CMA-110/2001]

(3 of 3)

Company shall comply the award and recover the amount from the owner of the vehicle.

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Accordingly, the appeal is partly allowed setting aside the findings of the Tribunal fastening the liability upon the Insurance Company. The appellant-Insurance Company shall deposit the amount of award including interest and recover the same from the owner of the vehicle on the strength of this award.

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(MUNNURI LAXMAN),J

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2-AnilKC/-

National Insurance Co. Ltd. v. Smt. Ambu Kanwar and Ors.

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. Smt. Ambu Kanwar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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