M.J. Auto World In-Charge Mahli ... vs Mamta Devi @ Mamta Gupta Wife Of ...
2023 Latest Caselaw 288 Jhar

                                       1

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      M.A. No. 567 of 2015

M.J. Auto World In-charge Mahli Sahu son of Chamar Sahu, resident of village
Court Road Lohardaga, P.O. and P.S. Lohardaga, District-Lohardaga
               ........ Owner of Truck No. BR-14-7531/Appellant
                             Versus
1. Mamta Devi @ Mamta Gupta wife of late Rajesh Prasad Gupta
2. Priyanshu Raj son of late Rajesh Prasad Gupta
3. Sneha Kumari daughter of late Rajesh Prasad Gupta
4. Dropadi Devi, wife of Ram Sundar Sahu
5. Ram Sundar Sahu, son of late Sitaram Sahu (Name deleted vide order dated
    06.06.2022)
    SI. Nos. 2 and 3 are minors , all are residents of village Nawadih, P.O. and P.S.
    Khalari, District-Ranchi                   ...........Claimants/Respondents
6. Muslim Ansari, son of Safid Ansari, resident of village Hisri, P.O. and P.S. Kisko,
    District Lohardaga
                      ............ Driver of Truck No. BR-14-7531/Respondent
7. National Insurance Company, Branch Office at Hotel Novelty, Palmerganj
    Chowk, P.O. and P.S. Lohardaga, District-Lohardaga.
                        .......... Insurer of Truck No. BR-14-7531/Respondent
8. Jasim Ahmad son of Jubail Ahmad, resident of Amla Toli, P.O. and P.S.
    Lohardaga, District-Lohardaga.
                       .............Driver of Truck No. BR-42G-4236/Respondent
9. Girdhari Saraf.
10. Uday Saraf
11. Sanjay Saraf
12. Deepak Saraf.
    SI. Nos. 9 to 12, all sons of late Shyam Sundar Saraf, resident of Mohalla Uppar
    Bazar, P.O. and P.S. Lohardaga, District-Lohardaga.
                     ...........Owner of Truck No. BR 42G-4236/Respondents.
13. The Oriental Insurance Co. Ltd., Branch Office at Hotel Novelty, Palmerganj
    Chowk, P.O. and P.S. Lohardaga, District-Lohardaga
                      .......... Insurer of Truck No. BR-42G-4236/Respondent
14. Lakhan Oraon son of Sri Mahajan Oraon, resident of village Butti, Dumartoli,
    P.O. and P.S. Senha, District-Lohardga.
                   ...........Driver of Truck No. BPV-8503/Respondent.
15. Anil Kumar son of Surendra Prasad, resident of village Senhai Gandhi Path,
    Palmerganj, P.O. and P.S. Lohardaga, District Lohardaga.
                 ...........Owner of Truck No. BPV-8503/Respondent
16. National Insurance Company, Branch Office at Hotel Novelty, Palmerganj
    Chowk, P.O. and P.S. Lohardaga, District-Lohardaga
              ............... Insurer of Truck No. BPV 8503/Opposite Parties/Respondents

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CORAM:      HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                          ---------
For the Appellant      : Mr. Rajesh Kumar Mahtha, Advocate
For the Resp. No. 6 : Mr. P.C. Sinha, Advocate

For the Respondent Nos. 1 to 4 & 8, 9 to 12: Mr. Rajesh Kumar, Advocate For the Respondent No. 13: Mr. G.C. Jha, Advocate

12/Dated: 17/01/2023 Heard Mr. Rajesh Kumar Mahtha, learned counsel for the appellant, Mr.

P.C. Sinha, learned counsel for the respondent no. 6, Mr. Rajesh Kumar, learned

counsel for the respondent nos. 1 to 4 and 8, 9 to 12 and Mr. G.C. Jha, learned

counsel for the respondent no. 13.

2. Rest of respondents have been validly served however nobody appeared

on behalf of rest of the respondents. Respondent no. 5 has died and the name of

respondent no. 5 was directed to be deleted vide order dated 06.06.2022.

3. Aggrieved with judgment and award dated 17.10.2015 passed by the

learned District Judge-I-cum-Presiding Officer, Motor Vehicle Accident Claim Tribunal,

Lohardaga, in Claim Case No. 42 of 2007, the appellant has preferred this appeal.

4. On 30.04.2006 at about 12.45 P.M. the deceased-Rajesh Kumar Gupta

was travelling towards Lohardaga to Ghaghra on a truck no. BR 14-7531. The said

truck was driven from Lohardaga to Ghaghra. All of a sudden one another truck

bearing Registration No. BR 42(G) 4236 came from opposite side driven in rashly and

negligently and dashed the truck no. BR 14-7531 due to which the empty truck no.

BR 14-7531 turned over towards western direction. In the meantime, third truck

bearing registration no. BVP-8503 came driven rashly and negligently and dashed the

empty truck no. BR 14-7531. In the accident many persons sustained grievous injuries

and Rajesh Prasad Gupta died at the spot due to multiple injuries on his person. A

case was registered being Senha P.S. Case No. 42/2006 against drivers of all the

three trucks and after investigation police submitted chargesheet against all the

drivers of the aforesaid three trucks. The postmortem of the deceased Rajesh Prasad

Gupta was conducted at Sadar Hospital, Lohardaga on 30.04.2006.

5. Mr. Rajesh Kumar Mahtha, learned counsel for the appellant submits that

the learned tribunal has wrongly directed to pay 1/3rd compensation by the appellant

who is owner of the truck no. BR 14-7531. He submits that deceased was not

gratuitous passenger. He was carrying a bundle of saree. He submits that the learned

tribunal has wrongly held that he was gratuitous passenger and awarded

compensation. On these grounds he submits that the appeal is fit to be allowed.

6. Mr. G.C. Jha, learned counsel for the respondent no. 13-Oriental

Insurance Company submits that while deciding interim compensation in terms of

Section 140 of Motor Vehicle Act, the learned tribunal has directed three insurance

companies to pay 1/3rd amount each by the three insurance companies. National

Insurance Company has insured two trucks and Oriental Insurance Company has

insured one truck and liability is fastened with the National Insurance Company for the

two trucks for the policy. He submits that in the truck in question not only deceased

but other passengers were also travelling and the finding to that effect has been

recorded by the learned tribunal while deciding issue nos. III, IV and V. He submits

that Oriental Insurance Company has already satisfied the award. He submits that

there is no illegality in the award.

7. Mr. P.C. Sinha, learned counsel for the respondent no. 6 and Mr. Rajesh

Kumar learned counsel for the respondent nos.1 to 4 & 8, 9 to 12 submit that there

is no illegality in the award and the learned tribunal after considering the

submission of all the parties and looking into the evidences both oral and

documentary passed the award. They submit that this court may not interfere with

the award.

8. In view of above submission of the learned counsel for the parties the

Court has gone through the judgement as well as L.C.R which has been called by

order dated 21.06.2022. Learned Tribunal has framed eight issues while deciding the

case. Issue No. III is with regard to collusion by the three trucks, Issue No. IV is with

regard to whether all three trucks were being driven rashly and negligently by its

drivers or not, Issue No. V is with regard to whether the deceased was travelling on

the truck no. BR-14-7531 as gratuitous passengers at the time of accident or not.

While deciding the Issue No. III, IV & V, the learned tribunal has looked into F.IR.

(Exhibit-1) and Chargesheet (Exhibit-2) and has also discussed evidences and came to

the conclusion that deceased was travelling in Truck No. BR 14 (G)-7531 along with

other five passengers. The said accident occurred due to collusion of three trucks and

it is admitted fact that all the offending trucks were insured with National Insurance

Company Ltd and Oriental Insurance Company Ltd. at the time of accident. The

tribunal has held that that owner of the of trucks violated the terms and conditions

of the insurance policy while allowing the persons in travelling goods carrying

vehicle and therefore, the owner is liable to pay compensation in the light of section

2 (14) of the Motor Vehicle Act.

9. Thus on these points there is cogent finding of the tribunal and in that

view of the matter, the arguments of Mr. Mahtha is not accepted by this Court.

Learned tribunal has directed the owner of the truck no. BR 14-7531 and two

insurance companies i.e. Oriental Insurance Company Ltd and the National Insurance

Company Ltd. to make payment after deducting the interim compensation amount if

already paid to the claimants within one month of the date of the award failing

which the owner of the truck no. BR 14-7531 and above two insurance companies

shall be liable for penal interest @ 6% per annum from the date of award till

realization. The owner of the truck no. BR. 14-7531 and Oriental Insurance Company

and National Insurance Company were directed to make payment of a sum of Rs.

2,67,666/- each to the claimants and it was directed that the amount if already paid

as ad-interim compensation shall be deducted from the sum awarded to each opposite

party.

10. The Truck No. BR 14-7531 was already insured with the National

Insurance Company Ltd and in view of the judgment of the Hon'ble Supreme Court in

the case of National Insurance Co. Ltd. V. Swarn Singh & Ors. (2004) 3 SCC

297, the National Insurance Company Ltd. shall also satisfy award with regard to

truck no. BR 14-7531 with liberty to recover the same from the owner of truck no. BR

14-7531 who is appellant in this appeal. The award is modified to above extent. The

rest of the finding of the learned tribunal shall remain intact. This appeal is disposed

of in above terms.

11. The statutory amount deposited by the appellant shall be remitted to

the learned tribunal and the learned tribunal shall take endeavor to release the said

amount and fruit of award in favour of the claimants at the earliest if the same has

not been provided as yet.

12. Let L.C.R. be remitted back to the concerned court forthwith.

( Sanjay Kumar Dwivedi, J.)

Satyarthi/