26 2021 National Insurance Co. Ltd vs 6 Mousumi Chowdhury & Ors
2021 Latest Caselaw 5622 Cal

Ct.
No.   09.11                      F.M.A. 3897 of 2015
26    2021                       National Insurance Co. Ltd.
                                             Vs.
 6                               Mousumi Chowdhury & Ors.
akb


              Mr. Rajesh Singh           ...For the Appellant/Insurance Co.

              Mr. Rajdeep Bhattacharya
              Mr. Debapratim Guha      ...For the Claimants/Respondents

The instant appeal of Insurance Company is directed against the judgment and award dated June 20, 2014 passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track 2nd Court, Paschim Medinipur, in M.A.C. Case No. 489 of 2010 on a claim under Section 166 of the Motor Vehicles Act, 1988 for the death of one 'Sekharesh Chowdhury' in a vehicular accident dated 10.8.2010.

The appellant Insurance Company, disputes its liability of satisfaction of the award, on the ground that the offending truck, insured with the appellant, was not involved in the accident. To substantiate its case, insurer relies upon the 'First Information Report' dated 10.8.2010 which was lodged against driver of an 'unknown' vehicle. Nearly 44 days after the accident, the alleged offending truck was seized and for the first time the registration number of the offending vehicle was brought on record. Insurance Company submits that the said truck was subsequently impleaded as an afterthought to gain unlawful advantage from the appellant. Insurer further raises a plea that offending truck did not have any 'permit' as it was neither seized nor brought on record. Insurance Company also argued that the driving licence of the driver of the offending vehicle was a fake driving licence since the officials of the motor vehicles department could not trace the driving

licence seized by the police authorities. Insurer states that for such violation of policy conditions it should not be asked to indemnify the insured and the award should be satisfied by the owner of the said vehicle.

The learned Counsel appearing on behalf of the claimants/respondents submits that he has filed vokalatnama in the department being filing No.A-11656 dated 08.11.2021 and further disputes the contention of the insurance company and submits that the learned Tribunal was correct in awarding compensation and making insurer liable to pay the same.

Upon hearing the parties, I am unable to accept the argument of 'non-involvement of the offending vehicle' as contended by the insurer. After due investigation, the Investigating Officer found the offending truck responsible for the accident. Seizure list, charge sheet, statement of eye- witness, each confirms such involvement. Insurer could not bring any evidence, either oral or documentary, before the Court below to prove its case. The appeal fails on the above ground.

It is the case of the Insurance Company that route permit was neither found nor seized by the police. However, Insurance Company did not bring any evidence to prove its case. The insurer neither exhibited any document nor produced any witness to deny its liability. Thus, it could not substantiate its case conclusively and there cannot be any definite finding on the issue of 'no route permit'. Similarly, on the issue of 'fake driving licence' also, insurer did not bring any evidence before the Court below to validate its allegations. Thus, the grounds raised by the insurer, in

absence of specific supporting evidence, do not bring confidence to uphold its cause.

The learned Counsel for the Insurance Company submits that the Insurance Company has already secured the awarded amount of Rs.22,85,000/-, by way of two separate deposits, before the Registrar General of this Court.

Accordingly, the claimants / respondents shall be entitled to claim the entire deposited sum together with all accrued interest from the office of the Registrar General of this Court. The claimants/respondents shall furnish particulars of their respective bank accounts with the Registrar General of this Court as expeditiously as possible. Upon receipt of such details, the Registrar General is directed to pay the total deposited amount along with accrued interest, directly into the claimants' bank account, in accordance with law and in the same manner and proportion of the award as decided by the Court below within a period of four weeks. The Registrar General shall check the veracity of the bank accounts and the identity of the claimants/respondents before disbursing the amounts.

It will however be open to the Insurance Company to file a civil suit against the owner of the offending vehicle for recovery of the compensation paid on the ground that it was the sole obligation of the owner of the offending vehicle to pay the compensation, if it can prove its case that the offending vehicle did not have the route permit or the driver of the offending vehicle did not possess a valid driving licence at the time of accident.

With the aforesaid directions, the instant appeal is disposed of.

There shall be no further order as to costs.

In view of the disposal of this appeal, connected applications, if any, are also disposed of. The concerned Department is directed to tag the applications, if any, with the main appeal.

The Registry is directed to send down the lower Court records at once, if received by this time.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities, on priority basis.

( Shekhar B. Saraf, J.)