The New India Assurance Company ... vs Tetari Devi
2021 Latest Caselaw 4769 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               M.A. No. 586 of 2016
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The New India Assurance Company Ltd. Hazaribagh ...Appellant(s).

Versus

1. Tetari Devi

2. Priti Kumari (minor)

3. Soni Kumari (minor)

4. Nilam Kumari (minor)

5. Arti Kumari (minor)

6. Anita Kumari (minor)

7. Anu Kumari (minor)

8. Bishal Kumar (minor)

9. Manohar Kumar ... Respondent(s)

CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Appellant(s) : Mr. D.C. Ghosh, Advocate.

            For the Respondent          :

06/13.12.2021:         Heard Mr. D.C. Ghosh, learned counsel for the appellant, Insurance Company.

In view of the nature of the award and the limited nature of the dispute, this Court feels that this appeal can be disposed of at this stage itself.

Mr. D.C. Ghosh, learned counsel submitted that the vehicle which met with an accident bearing registration no. JH13 AJ 1635 was insured as a private car but the same was being used for commercial purpose for carrying passengers. At the relevant time there were more than nine passenger in the vehicle. He submits that this amounts to violation of the terms of the policy. Further no permit was obtain for plying the said vehicle. He submits that on this account the Insurance Company is not liable to indemnify the owner. This is the only ground taken during argument.

From the record I find that Tribunal has granted the right of recovery to the appellant, Insurance Company, thus the Insurance Company can very well proceed against the owner of the vehicle to recover the amount. I also find that the offending vehicle was admittedly insured with the appellant Insurance Company. The Tribunal found that there was a violation of the terms of the policy, thus directed the Insurance Company to pay the amount of compensation and then recover the same from the owner of the vehicle. From the aforesaid judgment, I find that the interest of the Insurance Company has been duly protected by the Tribunal as right of recovery has been granted.

Considering the fact that the right of recovery has been granted to the Insurance Company, the Insurance Company can proceed against the owner of the vehicle to recover the amount of compensation. Thus, I am not inclined to entertain this appeal as no fault can be found in the judgment. This appeal is thus dismissed.

Statutory amount deposited will be refunded to the Insurance Company by this Court.

      Rajnish/c.p. 2                                                        (ANANDA SEN, J.)