The New India Assurance Company ... vs Sita Ram Dubey
2023 Latest Caselaw 830 Jhar

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            IN THE HIGH COURT OF JHARKHAND, RANCHI
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M.A. No. 322 of 2017

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The New India Assurance Company Limited, through the Manager, I.M.A. Building Damodar Road, P.O. and P.S. Sakchi, Sakchi, Jamshedpur - 831 001, District -Singhbhum (E). ....... Opposite Party/ Appellant

-- Versus --

1.Sita Ram Dubey, s/o late Ram Narayan Dubey

2.Ram Dulari Devi, w/o Sita Ram Dubey Both residents of Village- Lakhanpur, P.S. Punpun, P.O. Lakhanpur, District - Patna .... Claimants/ Respondents

3.Sri Kabul Singh, s/o Dhayan Singh, resident of Patiala Road, Sangrur, Punjab, at present Gurudwara Road, Mango, Jamshedpur, P.O. and P.S. Mango, District Singhbhum East, Jharkhand - 831 013

4.Bharat Yadav, s/o Ram Briksh Yadav, resident of Chilmi Kalan, P.S. Aamas, District Gaya At present Bhuiyandih, Gawala Basti, PO and PS Sitgora, District Jamshedpur ...... Opposite parties/ Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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       For the Appellant/Insurance Co. :-            Mr. D.C. Ghosh, Advocate
       For the Respondents             :-            ----

9/21.02.2023       This   appeal    has       been    preferred   being   aggrieved   and

dissatisfied with the Award dated 27.01.2017 passed in Claim Case No.114

of 2004 passed by the learned P.O., M.V.A.C. Tribunal, Hazaribagh.

Mr. D.C. Ghosh, the learned counsel appearing for the

appellant/Insurance Company submits that the claim petition was filed

alleging therein that on 19.07.2003 the deceased Santosh Kumar Dubey

along with Kamlesh Tiwari were going to Chatra on a motorcycle bearing

No.JH-02B-1660 then at about 1.15 P.M., one Trailor bearing No.PB-13K-

1014 was being driven by his driver rashly and negligently crushed the

deceased, resulting the deceased received fatal injuries and died on the

spot. An FIR being No.136/2003 was registered at Chouparan Police Station,

District Hazaribagh against the offending vehicle. It is stated that the

deceased was a student of Class-10 and he was also being teaching the

persons and was earning Rs.2000/-per month. Mr. Ghosh, the learned

counsel appearing for the appellant/Insurance Company submits that the

learned Tribunal has not considered this aspect of the matter that the

person who was driving the vehicle was not having the proper driving

license and on that ground he submits that this appeal is fit to be allowed in

the terms that the amount after satisfying can be directed to be recovered

from the vehicle in question.

In view of above submission of Mr. Ghosh, the learned counsel

appearing on behalf of the appellant/Insurance Company, the Court has

gone through the judgment of the learned Tribunal and finds that the

learned Tribunal has considered the point argued before this Court for

admitting this appeal and has held that the Insurance company has taken

point that at the relevant time of accident the driver has authorized to drive

only LMV and in this context, the Insurance company has not brought the

witness to prove the genuineness of the driving license and they have not

examined and considering that the learned Tribunal has rejected the

argument and held that there is no evidence to indicate that the driver of

the offending vehicle was not possessing valid or effective license and the

owner of the offending vehicle had no valid papers qua the said vehicle at

the relevant time. It is well settled that onus lies upon the person who

technically alleges and the Insurance company has failed to prove that.

Moreover, the license of LMV although he was having as admitted and the

Court finds that the appellant/ Insurance company has not been able to

make out its case before the learned Tribunal and the learned Tribunal has

rightly held so and in that view of the matter no relief can be extended and

accordingly, M.A.No.322 of 2017 is dismissed.

The statutory amount deposited before this Court shall be

transmitted back to the learned Tribunal for satisfying the Award. The

awarded amount shall be satisfied in favour of the claimants within 8 weeks

from the date of receipt/production of the copy of this order.

( Sanjay Kumar Dwivedi, J.)

SI/,