Nirapada Das vs Navdeep Kaur & Ors
2023 Latest Caselaw 4328 Cal

                         IN THE HIGH COURT AT CALUTTA
                            Civil Appellate Jurisdiction
 19.07.2023
SL No.22
Court No. 551
   Ali


                            FMA 2178 of 2014
                IA No.:CAN/1/2014 (Old No.:CAN/5213/2014)
                              Nirapada Das
                                   Vs.
                          Navdeep Kaur & Ors.

                    Mr. Ali Imam Shah
                              ................ for the appellant-claimant.

                    Mr. Arabindu Kundu
                             ...for the respondent No 2-insurance Co.

A very short point involved in this appeal.

The instant appeal is preferred against the

judgment and award dated 7th November, 2013

passed by learned Judge, Motor Accident Claims

Tribunal, 2nd Court, Burdwan in M.A.C. Case no.

104/2021 of 2009.

The claimant preferred a claim application

before the learned tribunal under Section 163-A of

the M.V. Act.

The insurance company contested the claim

case by filing written statement. The owner of the

offending vehicle did not contest the case. The

learned tribunal after hearing the parties and after

perusing the evidences on record both oral and

documentary allowed the claim application of the

claimant and awarded a compensation amounting to

Rs. 1,96,500/- but directed the owner of the

offending vehicle to pay the compensation only on

the ground that at the time of accident the driver of

the offending vehicle was carrying a fake driving

licence.

The learned advocate for the appellant filed

this appeal only on the ground that in case of fake

licence the Hon'ble Supreme Court has observed

several times in case of Swaran Singh and Baljit

Kaur that the claimant is entitled to get the

compensation from the insurance company as the

offending vehicle was well covered under the policy

of the insurance company at the time of accident

but in turn the insurance company should have a

liberty to recover the same amount from the owner

of the offending vehicle. Learned advocate for the

appellant submitted before this court that the

instant appeal is preferred as because the claimant

cannot recover the amount from the owner of the

offending vehicle.

Learned advocate for the insurance company

raised an objection and submitted before this court

that the owner had the knowledge that the driver

was driving the vehicle having no valid licence. The

learned advocate for the insurance company further

submitted before this court that the policy terms

and conditions was violated by the owner of the

offending vehicle thus learned tribunal has

committed no error in passing the impugned order

by fixing responsibility upon the owner to pay the

compensation.

Heard the learned advocate perused the

materials on record also perused the judgment of

the Hon'ble Apex Court passed in Swaran Singh as

well as Baljit Kaur. It appears from the judgment

of the Hon'ble Apex Court that the Hob'ble Apex

Court has directed in violation of terms of the

insurance policy the insurance company is at liberty

to recover the compensation amount from the owner

of the vehicle. In that score the Hon'ble Apex Court

has also observed that the third party i.e. the

claimant should not have harassed much for getting

the compensation when the vehicle was well covered

under the policy of the insurance company at the

time of accident. So after considering the

submission and after considering the observation of

the Hon'ble Apex Court passed in Baljit Kaur and

Swaran Singh. I think it necessary that the

impugned order passed by the learned tribunal need

be modified.

The impugned award passed by the learned

tribunal is hereby modified to the effect that the

award of compensation should be paid by the

insurance company; in turn, the insurance company

is at liberty to recover the same from the owner of

the vehicle according to the procedure as laid down

by the Hon'ble Supreme Court in Swaran Singh.

Hence the respondent no. 2-insurance

company is directed to pay compensation amounting

to Rs. 1,96,500/- alongwith interest @ 6% per

annum from the date of filing of this application

within four weeks from the date of passing of this

order with the office of the learned Registrar

General, High Court, Calcutta. On such deposit the

claimant is at liberty to withdraw the same

according to prevalent rules.

The instant FMA is disposed of.

All connected applications, if any, stand

disposed of.

Interim orders, if any, stand vacated.

Parties to act upon the server copy and

urgent certified copy of this order be provided on

usual terms and conditions.

(Subhendu Samanta, J.)