Partly allowed

National Insurance Co. Ltd. v. Smt. Basanti Devi Joshi

Uttarakhand HC9 Nov 2021AO/656/2016

Case brief

AI extract

What is this about?

Appeal against Motor Accident Claims Tribunal award directing payment of compensation. Court held insurer liable to pay claimant but allowed recovery of such amount from vehicle owner based on Section 56 of the Motor Vehicles Act.

What did the court decide?

Compensation to be paid forthwith by appellant to claimant with right to recover amount from respondent no.1 under Section 56.

National Insurance Co. Ltd. Vs Smt. Basanti Devi Joshi — Insurance | Uttarakhand HC (2021)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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AO No. 656 of 2016

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National Insurance Co. Ltd. .......….......Appellant -versusSmt. Basant Devi Joshi and others ……...Respondents

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Date of hearing and Judgement : 09.11.2021

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Advocates appeared in the case:-

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For Appellant : Mr. Prabhat Pande, learned counsel for the appellant

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Versus

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For Respondents : Mr. Siddhant Manral, learned counsel for the respondent no.1. Mr. Ghanshyam Joshi, learned counsel for the respondentno.2.

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Sri S.K.Mishra, J.

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1. Heard Mr. Prabhat Pande, learned counsel for the appellant, Mr. Siddhant Manral, learned counsel for the respondent no. 1 and Mr. Ghanshyam Joshi, learned counsel for the respondent no.2.

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2. The appellant insurance company, who was respondent no.1 before the Motor Accident Claims Tribunal, Almora in MACP No. 17 of 2015 has assailed the award passed by the Tribunal directing it to pay a sum of Rs. 19,60,429/- with 9 % interest. The only issue that arises at present is whether in the absence of a fitness certificate, the Insurance Company shall be liable to indemnify the compensation/liquefied

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damages to the claimant on the death of a 3^rd party claimant. This matter is no more res integra . In the case of National Insurance Company vs. Smt. Anandi Devi and another, a judgement delivered by coordinate Bench on 07.03.2019 in FA No. 73 of 2017, the matter has been settled.

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3. In fact, this Court in the aforesaid case has taken into consideration the definition of the certificate of fitness, the transport of vehicle and has also taken into consideration the ratio decided by Hon’ble Constitution Bench of Kerala High Court in Pareed Pillai vs. Oriental Insurance Company Ltd ., reported in 2019 ACJ 16 , of which judgment specially para 16 and 21 has been relied upon by the learned Judge. It is further found from the record that the in the aforesaid case as also by of the judgement of Hon’ble Supreme Court in the case of National Insurance Company Ltd. vs. Swaran Singh and others, [(2004) 3 SCC 297] , Lakshmi Chand vs. Reliance General Insurance [2016) 3 SCC 100] has come to the conclusion that the use of transport vehicle in public place without permit is a fundamental/statutory infraction and the principles laid down in Swaran Singh’s (supra), cannot be made applicable to this case in this regard.

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4. Thus, the appeal is disposed of in the principle enunciated above and consequently the appeal succeeds and allowed in part with a modification of the impugned order 20.09.2016 to the effect that the insurance company/appellant would pay the amount awarded to the claimant forthwith. However, it would

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be open to the Insurance Company to recover the same from the owner of the offending vehicle i.e. respondent no 1 in compliance with Section 56 of the Act.

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5. With such observations, the appeal is disposed of.

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6. There shall be no order as to the costs.

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7. Urgent certified copy of this order be granted on proper application.

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(S.K.Mishra) Judge

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KKS

National Insurance Co. Ltd. v. Smt. Basanti Devi Joshi

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. Smt. Basanti Devi Joshi

Case brief

What is this about?

What did the court decide?

What the court decided

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