The New India Assurance Company ... vs Smt. Ayate Kawasi
2022 Latest Caselaw 7189 Chatt

                                                                                 NAFR
                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                   MAC No. 1351 of 2022
    The New India Assurance Company Limited (wrongly mentioned Insurance),
     Akashvani Road, Gandhi Nagar, Ward MM Tower, Jagdalpur, Distt. Bastar (CG)
     Through Authorized Signatory Manager Office 2nd Floor Rama Trade Center
     Opposite Rajiv Plaza Old Bus Stand Road Bilaspur (CG)
                                                                          ---- Appellant
                                              Versus
  1. Smt. Ayate Kawasi, aged about 22 years, Wd/o Late Shri Gumer Kawasi,
  2. Minor Rajesh Kawasi, aged about 2 years, S/o Late Shri Gumer Kawasi,
     Res.No.02 Minor through next friend Mother Smt. Ayate Kawasi (Res. No.01)
  3. Somdu Kawasi, aged about 50 years, S/o Shri Madka
  4. Smt. Rame Kawasi, aged about 45 years, W/o Shri Somdu Kawasi,
     All above R/o Village Girum Dorapara, PS Darbha, Distt. Bastar (CG) (Claimants)
  5. Manmohan Raikwar, aged about 58 years, S/o Shri Fulchan Raikwar R/o
     Nakapara Tongpal, PS Tongpal Distt. Sukma (CG) (Driver)
  6. Balram Jha, aged about 22 years, S/o Shri Manoj Jha, R/o Nakapara Tongpal, PS
     Tongpal District Sukma (CG) (Owner)
                                                                       ---- Respondents

30/11/2022 Shri BN Nande, counsel for the appellant.

Heard on IA No.01, application for condonation of delay in filing the appeal.

Upon due consideration, the above application is allowed and delay of 27 days in filing the appeal is condoned.

Also heard on admission.

The appeal is admitted for hearing.

Call for record of the Tribunal.

Issue notice to the respondents on payment of PF as per rules.

Also heard on IA No.02/2022, application for grant of stay.

This appeal has been filed against the award dated 15.7.2022 passed in Claim Case No.49/2018 by Additional Motor Accident Claims Tribunal (FTC), South Bastar Dantewada awarding total compensation of Rs.18,51,000/- with interest @ 6% p.a. from the date of claim petition till realization.

Learned counsel for the appellant submits that despite there being evidence to show and finding recorded by the Tribunal that on the date of accident the offending vehicle was being used as a passenger vehicle in violation of terms and conditions of the insurance policy, the liability has been fastened upon the insurance company of satisfying the award and recovering the same afterwards from the driver and owner. The deceased was not a third party, he was not employee of owner of the goods carriage vehicle in which he was travelling and no premium was paid for any gratuitous passenger. In these circumstances, execution of the impugned award may be stayed till final disposal of this appeal.

Reliance has been placed on judgments of the Hon'ble Supreme Court in the matters of Mange Ram Vs. Financial Commissioner and others, (2003) 2 SCC 1; New India Assurance Co. Ltd. Vs. Asha Rani and others, (2003) 2 SCC 223 and the judgment dated 3.11.2022 passed in SLP(C) No.33638/2022 in the matter of Balu Krishna Vs. Reliance General Insurance Co. Ltd.

In the totality of facts and circumstances of the case, purely as an interim measure, it is directed that on appellant depositing 75% of the awarded amount before the concerned Tribunal within 60 days, execution of the remaining part of the awarded amount shall remain stayed until further orders.

It is made clear that this order shall not come in the way of disbursement of the awarded amount so deposited by the insurance company in favour of the claimants on their furnishing equivalent surety, upon due verification.

List it after receipt of service report.

sd/

(Rajani Dubey)

Judge

Khan