Chattisgarh High Court
The National Insurance Company ... vs Smt. Saroj Jain on 15 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Reserved on 25/11/2022
Order Delivered on 15/02/2023
MAC No. 853 of 2015
The National Insurance Company Limited Division Office, Mobin
Mahal Above Central Bank, Beside Lal Ganga Shopping Complex,
Raipur, District Raipur, Chhattisgarh.
---- Appellant
Versus
1. Smt. Saroj Jain Wd/o Late Ashok Jain Aged About 36 Years R/o Near
The House of Rajendra Golchha, Vivekanand Nagar, Raipur, District
Raipur, Chhattisgarh. .....Claimant.
2. Jatin Jain S/o Late Ashok Jain Aged About 11 Years Minor Through
Mother Smt. Saroj Jain R/o Near The House of Rajendra Golchha,
Vivekanand Nagar, Raipur, District Raipur, Chhattisgarh.
.....Claimant.
3. Ku. Mitali Jain D/o Late Ashok Jain Aged About 9 Years Minor Through
Mother Smt. Saroj Jain R/o Near The House of Rajendra Golchha,
Vivekanand Nagar, Raipur, District Raipur, Chhattisgarh.
.....Claimant.
4. Smt. Sajan Bai W/o Shri Gaindmal Jain Aged About 60 Years R/o
Near The House of Rajendra Golchha, Vivekanand Nagar, Raipur,
District Raipur, Chhattisgarh. .....Claimant.
5. Gaindmal Jain Aged About 65 Years R/o Near The House of Rajendra
Golchha, Vivekanand Nagar, Raipur, District Raipur, Chhattisgarh.
.....Claimant.
6. Lalit Kumar Jhabak S/o Pukhraj Jhabak Aged About 35 Years R/o
Bharat Mata Chowk Rajnandgaon, P.S. Rajnandgaon Tahsil And
District Rajnandgaon, Chhattisgarh. (Registered owner of offending
vehicle Van bearing No. C.G.-08-T-5048).
7. Jagdish Singh Maravi S/o Mugal Singh Maravi Aged About 28 Years
R/o Tikratola, Karanjiya, Police Station Karanjiya, District Dindori
Madhya Pradesh At Presently R/o Perfect Battery, Gajinagar, Birgaon,
Raipur, Tahsil And District Raipur, Chhattisgarh. (Driver of offending
vehicle Van bearing No. C.G.-08-T-5048).
8. Nashir Akhtar S/o Mohammad Munshiraja R/o Perfect Battery, Gaji
Nagar, Birgaon, Raipur Chhattisgarh. (Owner of offending vehicle
Truck bearing No. CG-04-J-1797).
9. Oriental Insurance Company Ltd. Chawla Complex Devendra Nagar,
Road, Sai Nagar, Raipur, District Raipur, Chhattisgarh. (Insurer of
offending Vehicle Truck bearing No. C.G.-04-J-1797).
---- Respondents
For Appellant : Mr. Qamrul Aziz, Advocate.
For Respondents/Claimants : Mr. Kunal Das, Adv.
2
Hon'ble Smt Justice Rajani Dubey, J.
C A V Judgment
1. This appeal arises out of the award dated 16.04.2015 passed by
learned 6th Additional Motor Accident Claims Tribunal Raipur, District-Raipur
(C.G.), in Claim Case No. 242/2011 awarding a compensation of
Rs.6,11,400/- with interest @ 6% per annum, in favour of the
respondents/claimants for their irreparable loss.
2. The facts of the case, in brief, are that on the date of the incident i.e.
09.08.2006 when deceased Ashok Jain was travelling in a van bearing
registration No. CG-08-5048 coming from Gurur to Dhamtari along with his
friends, near Shyamtarai Naka on national highway No. 43, Jagdalpur-Raipur
road at about 1;00 am., the said van hit a stationary truck bearing registration
No. CG-04-J-1797, due to this Ashok Jain and driver Radheshyam Verma
have died. The said accident was reported to the police station Arjuni, on
which Crime No. 206/2006 punishable under Section 304-A of the IPC was
registered against the driver of the van. Since the driver of the van died, the
closure report was filed against him. Deceased Ashok Jain was working on
the post of manager in a rice mill and earned Rs. 7,000/- per month. Due to
the driving of the van in a rash and negligent manner by Radheshyam
Verma, the casual death of Ashok Jain occurred. Hence, due to the death of
Ashok Jain, an application for compensation of Rs. 20,00,000/- with an
interest of 12 per cent per annum was filed.
3. After evaluating the evidence available on record, the Tribunal has
awarded the compensation of Rs.6,11,400/- along with interest @ 6% per
annum in favour of the respondents/claimants. Hence, this appeal is for a
reduction of the awarded amount.
4. Learned counsel for the appellant submits that the learned tribunal
erred in granting an excessive amount of Rs. 6,11,400/- in favour of the
claimants. The learned tribunal grossly erred in taking a total income of Rs.
36,000/- of the deceased without any evidence. He next submits that the
learned tribunal grossly disbelieved the statement of non-applicant witness
No. 1 (R.K. Xalxo) who stated in his statement that the deceased driver of
the van Radheshyam Verma was not possessing a valid driving license at the
time of the accident. The learned tribunal grossly erred in fastening liability to
the accident of 50% on the appellant insurance company, whereas the facts
available on record, show that the entire negligence was on the part of the
offending truck bearing registration No. CG-04-J-1797. He lastly submits that
the learned tribunal failed to appreciate that the claimant Smt. Saroj Jain
claimed and received a sum of Rs. 1,00,000/- with 6% interest before District
Forum, Raipur and that the said amount ought to have been adjusted while
deciding the claim petition which is perverse in nature. Therefore, the
awarded amount to the claimants may be reduced.
5. On the other hand, it has been argued on behalf of the counsel for
respondents/claimants that in the facts and circumstances of the case, the
compensation awarded by the Claims Tribunal is just and proper and
requires no further reduction.
6. Heard counsel for the parties and perused the documents on record.
7. Learned counsel for the appellant submits that the deceased driver of
the van was not in possession of a valid and effective driving license at the
time of the accident. The learned Tribunal has appreciated this fact in para
26 of its award and found that the license Exhibit -D/1 of Radheshyam was
issued for a period from 04.05.2005 to 30.06.2010 and on the date of
accident he possessed a valid and effective driving license. Therefore, the
objection of the appellant on this ground is not maintainable and this court
finds that the finding of the learned tribunal is based on proper appreciation
of oral and documentary evidence.
8. Now, this Court shall examine as to whether the compensation of
Rs.6,11,400/- awarded by the Tribunal is just and proper compensation in the
given facts and circumstances of the case and Rs. 1,00,000/- received by
claimants as per the order of forum should be adjusted or not while deciding
the claim petition.
9. Learned claims Tribunal found that it is a case of contributory
negligence and fastened liability upon the appellant and respondent No. 9 for
paying compensation of Rs. 6,11,400/-. It is not disputed by the parties that
claimant Saroj Jain, claimed and received a sum of Rs. 1,00,000/- as per the
order of District Consumer Forum, Raipur. The learned claims Tribunal has
not appreciated this fact of appellant/non-applicant No. 2 who pleaded this
fact in its written statement and awarded a sum of Rs. 6,11,400/- , fastening
50% liability on the appellant. As per the order of the forum, the appellant has
already paid Rs. 1,00,000/- to the respondent Saroj Jain, therefore this
amount should be adjusted in its liability. After deduction of Rs. 1 lakh, the
appellant shall be liable to pay a compensation of Rs. 2,05,700/- along with
the interest as per award impugned.
10. Accordingly, the appeal is allowed in part with modification in the
impugned award to the above extent. However, rest of the terms and
conditions of the award shall remain intact.
Sd/-
(Rajani Dubey)
Judge
H.L. Sahu
