Divisional Manager vs Parbati Mahato
2021 Latest Caselaw 4906 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Misc. Appeal No. 204 of 2014
Divisional Manager, M/s National Insurance Company Limited
                                             .... .... Appellant
                       Versus
1.   Parbati Mahato
2.   Budheswar Mahato
3.   Nudhu Mahato
4.   Rajendra Singh                              ....   ....   Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellant : Mr. Manish Kumar, Advocate For the Respondents : M/s Nagmani Tiwari, Kaustav Panda & Akshay Kr. Mahto, Advocates Oral Judgment 11 / Dated : 17.12.2021

1. The Insurance Company has preferred this appeal against the

award of compensation in Compensation Case No. 150/2012 whereby and

whereunder, the Insurance Company has been directed to pay the

compensation amount to the claimants, however, the right of recovery has

been given against the owner of the vehicle.

2. The order of the learned Tribunal has been assailed mainly on

the ground that the driver of the offending motorcycle was not in

possession of the driving lisence at the time of accident, therefore, on

account of breach of term of the insurance policy owner of the vehicle

should have been held to pay the compensation amount. There is a

definite finding on Issue No. VI by the learned Tribunal that the Insurance

Company had established that there was breach of condition of insurance

policy, but despite this in the award the same has not been mentioned.

3. On perusal of the judgment of the learned Tribunal it is

manifest that Issue No. VI was cast on the following question:

Whether Insurance Company is entitled for recovery of right?

In this issue in para-10 of the judgment a finding has been

recorded that Insurance Company had established that there was breach of

condition of insurance policy. It has also been stated that O.P.-Insurance

Company is entitled for recovery right, but in the operative portion of the

award the right of recovery has not been mentioned. In this view of the

matter and considering the settled position of law, the appellant-Insurance

Company is granted the right of recovery against the owner of the

offending vehicle bearing Registration No. JH-05AK-2338 which may be

exercised after making the full and final payment of the compensation

amount to the claimants.

The statutory amount deposited to be remitted to the learned

Tribunal for disbursement to the claimants.

The appeal is accordingly, disposed of.

(Gautam Kumar Choudhary, J.)

AKT