Jharkhand High Court
Panchanand Kumar Rai @ Panchanan ... vs United India Insurance Company ... on 28 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 09 of 2020
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Panchanand Kumar Rai @ Panchanan Kumar Rai & Anr. ...... Appellants
Versus
United India Insurance Company Ltd. & Ors. ......Respondents
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
Through:- Video Conferencing
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For the Appellants : Mr. Vijay Kumar Roy, Advocate
For the Respondent no.1 : Mr. G.C. Jha, Advocate
For the Respondent no.3 : Mr. Alok Lal, Advocate
05/Dated: 28/07/2021.
Heard, learned counsel for the parties.
Learned counsel for the appellants has submitted that the instant
Miscellaneous Appeal has been preferred by the owners of the offending
vehicle, namely, Panchanan Kumar Rai and Manoj Kumar Rai against the
award dated 30.09.2019, passed by learned District Judge-III-cum-Presiding
Officer, Motor Accident Claims Tribunal, Giridih, in M.A. Claim Case No.32
of 2013, whereby the claimants namely, 1.Manju Devi and 2. Ramchandra
Modi have been awarded compensation to the tune of Rs.4,73,600/- after
deducting Rs.50,000/- which has already been paid to the claimants as ad-
interim compensation along with interest @ 7% per annum from the date of
filing of the claim application till its realization from O.P. No.1 i.e. United
India Insurance Co. Ltd.
Learned counsel for the appellants, Mr. Vijay Kumar Roy has submitted
that the learned Tribunal has granted right to recover in favour of the O.P.
No.1- United India Insurance Company Limited from the owners of the
offending vehicle i.e. Panchanan Kumar Rai and Manoj Kumar Rai after
satisfying the award to the claimants, on the ground that the offending vehicle
had no valid permit to ply the vehicle on the road and it has been considered
by the learned Tribunal that the same is violation of the terms and conditions
of the Insurance Policy.
Learned counsel for the appellants has further submitted that in view of
Rule 70(1) of the Jharkhand Motor Vehicle Rules, if the number of passengers
are exceeding more than 9 excluding the driver, then there is requirement of
permit in view of Section 66(1) of the Motor Vehicles Act, 1988, as such, the
learned Tribunal has committed error in fastening the liability upon the owners
by giving right of recovery in favour of the United India Insurance Company
Limited as the same is also contrary to the judgment passed by the Apex Court
in the case of National Insurance Company Limited vs. Anjana Shyam and
Others., reported in 2007 (7) SCC 445.
Learned counsel for the respondent no.1, Mr. G.C. Jha has submitted that
his case may be adjourned so as to verify and examine, the recent judgment
passed by the Apex Court on this issue.
Learned counsel for the respondent no.3, Mr. Alok Lal has no objection.
Considering the same, put up this case in the next week.
(Kailash Prasad Deo, J.)
R.S.
