Page No.# 1/6 vs Smti Sangita Das And 5 Ors
2025 Latest Caselaw 866 Gua

Gauhati High Court

Page No.# 1/6 vs Smti Sangita Das And 5 Ors on 5 June, 2025

                                                                    Page No.# 1/6

GAHC010004622019




                                                           2025:GAU-AS:7412

                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : MACApp./133/2022

         THE ORIENTAL INSURANCE CO. LTD
         A CO. REGISTERED UNDER THE COMPANIES ACT 1956 REPRESENTED BY
         ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7


         VERSUS

         SMTI SANGITA DAS AND 5 ORS
         W/O LATE GAURAV DAS, R/O VILL. NO. 1 CHATAICHAPARI, P.O.
         KALIABHUMURAH, MOUZA MAHABHAIRAB, P.S. TEZPUR, DIST.
         SONITPUR, ASSAM.

         2:GUNUMONI DAS
          S/O LATE GOPAL DAS
          R/O VILL. NO. 1 CHATAICHAPARI
          P.O. KALIABHUMURAH
          MOUZA MAHABHAIRAB
          P.S. TEZPUR
          DIST. SONITPUR
         ASSAM.

         3:SMTI LAKHI DAS
         W/O SRI GUNUMONI DAS
          R/O VILL. NO. 1 CHATAICHAPARI
          P.O. KALIABHUMURAH
          MOUZA MAHABHAIRAB
          P.S. TEZPUR
          DIST. SONITPUR
         ASSAM.

         4:ANANTA DAS
          S/O LATE GAURAV DAS
          RESPONDENT NO. 4 IS REPRESENTED BY HIS MOTHER SMTI SANGITA
         DAS
                                                                        Page No.# 2/6

             RESPONDENT NO. 1
             R/O VILL. NO. 1 CHATAICHAPARI
             P.O. KALIABHUMURAH
             MOUZA MAHABHAIRAB
             P.S. TEZPUR
             DIST. SONITPUR
             ASSAM.

            5:AJAY SINGH
             S/O SRI RAJDEV SINGH
             R/O CINNAMORAH
             P.O. AND P.S. CHINNAMORAH
             DIST. JORHAT
            ASSAM.

            6:RAJMONGOL RAI
             S/O PRABHU RAI
             R/O VILL. CIVIL GATE
             JAIL ROAD
             P.S. JORHAT
             DIST. JORHAT
            ASSAM

Advocate for the Petitioner   : MR. S K GOSWAMI,

Advocate for the Respondent : MR. P SUNDI,


                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                         ORDER

Date : 05-06-2025 Heard Mr. S.K. Goswami, learned counsel appearing for the appellant and Mr. P. Sundi, learned counsel appearing for the respondents.

2. This appeal under section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 06.07.2018, passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MACT Case No.57/2016(D), whereby the learned Tribunal awarded a compensation of Rs.8,73,374/- to the claimants in respect of the death of late Gaurav Das, who died in motor vehicle accident on 09.12.2015.

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3. The Claim petition was filed under section 166 of the Motor Vehicle Act 1988 by the legal heirs of the deceased/claimants. The Driver, the owner and the insurer of the offending vehicle were arrayed as the respondents. The Driver and the owner of the offending vehicle did not contest in the proceedings in the Tribunal and accordingly trial proceeded ex-parte against them.

4. The appellant, Insurance company filed its written statement and contested the claim primarily on two grounds: -

(i) That the Driver of the offending vehicle did not possess valid and effective driving license at the time of the accident.

(ii) That the offending vehicle did not have a valid route permit on the date of the accident, the permit having expired earlier.

5. It is submitted that the accident occurred on 09.12.2015 at 5.30 PM. However, the driving license of the Driver of the offending vehicle seized by the Police (Ext-1) shows that it has expired on 23.01.2015. The evidence also shows that the route permit of the offending vehicle No.AS-03/AC-2606 (407) Truck bearing route permit No.451/5/20/2010 expired on 07.12.2015. This fact was raised by the Insurance respondent before the learned Tribunal in its written statement at paragraph 28 stating that the claimant is not entitled to get any compensation from the opposite party No.3 (Insurance Company) in the absence of strictest proof of the documents including route permit, fitness certificate and valid and effective driving license of the driver of the offending vehicle. The burden lies upon the owner of the vehicle to prove the above queries raised by the Insurance Company. But the owner of the vehicle failed to prove the same, in fact, the owner did not even contest Page No.# 4/6

the case.However, the learned Tribunal, without properly appreciating these contentions, directed the appellant Insurance Company to pay the entire compensation amount. Aggrieved by the said judgment and award dated 09.12.2015, the appellant Insurance Company has preferred this appeal.

6. At the very outset, the learned counsel for the appellant has clarified that the factum and quantum of compensation are not under challenged.

7. The learned counsel for the appellant has reiterated the grounds raised before the Tribunal and submitted that there was fundamental breach of terms and conditions of the insurance policies and as such, the liability ought to have been fasten on the owner of the vehicle. It is submitted that the Driver of the vehicle was not holding a valid driving license as his license expired on 23.01.2015, whereas the accident took place on 09.12.2015. The second ground which is more crucial taken by the appellant is that the offending vehicle did not possess a valid route permit at the time of the accident. The route permit of the offending vehicle No.AS-03/AC-2606 (407) Truck bearing route permit No.451/5/2010 expired on 07.12.2015 whereas the accident took place on 09.12.2015.

8. In support of his submission, the learned counsel for the appellant Insurance Company has place reliance on the judgment of the Hon'ble Supreme Court in the case of:-

1. National Insurance Co.Ltd vs Swaran Singh and Others reported in (2004) 3 SCC 297.

2. National Insurance Company Ltd vs Chella Bharathamma and others reported in (2004) 8 SCC 517.

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9. In Swaran Singh and others (supra), the Hon'ble Supreme Court held that even in case where there is a breach of policy condition, such as, the driver not holding a valid driving license or the vehicle lacking a valid permit, the insurer may still be directed to pay the compensation to the third parties claimant and recover the amount from the owner of the vehicle.

10. Likewise, in Chella Bharathamma(supra) it was held that " the liability of the Insurance company to pay compensation to the third party is statutory. However, the Insurance Company can recover the same from the owner of the vehicle in case there is breach of policy condition ."

11. I have heard the learned counsel for the appellant. I have also heard the learned counsel for the respondent Nos. 1 to 4/ claimants.

12. The accident occurred on 09.12.2015 at 5.30 PM. However, the driving license of the Driver of the offending vehicle (Ext-1) expired on 23.01.2015. The evidence also shows that the route permit of the offending vehicle No.AS-03/AC-2606 (407) Truck bearing route permit No.451/5/20/2010 expired on 07.12.2015. This fact was raised by the Insurance respondent before the learned Tribunal and stated that the burden is upon the owner of the vehicle to prove that it had a valid documentincluding route permit of the offending vehicle and effective driving license of the driver at the time of accident,and in absence of such valid documents,the claimant is not entitled to get any compensation from the Insurance Company. However, the same was not considered, and the learned Tribunal, without properly appreciating these contentions, directed the appellant Insurance Company to pay the entire compensation amount.

13. The learned counsel for the respondents/claimants has no serious Page No.# 6/6

objection to the disposal of the appeal on such terms provided the awarded compensation is released promptly to the claimants.

14. In view of the facts and circumstances of the case and with the consent of the parties, the appeal is disposed of with the following directions: -

i. The appellant Insurance Company has already deposited 50% of the awarded compensation before the Registry of this Court. The remaining 50% of the total awarded amount shall be deposited by the appellant before the Registry of this Court within 4(four) weeks from today.

ii. Upon such deposit, the Registry is directed to release the entire deposited amount to the claimants along with accrued interest in terms of the apportionment made by the Tribunal.

iii. The statutory deposit of Rs.25,000/- made by the appellant shall be adjusted towards the awarded amount and be released to the claimants along with accrued interest, if any.

iv. The appellant Insurance Company shall be entitled to recover the compensation amount so paid to the claimants from the owner of the offending vehicle by initiating appropriate proceedings before the competent Court for executing the award in accordance with law.

15. The appeal is allowed to the extent indicated above and disposed of accordingly.

16. Send back the record.

JUDGE

Comparing Assistant