Jharkhand High Court
National Insurance Company Ltd. ... vs Nita Singh on 18 January, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 52 of 2015
National Insurance Company Ltd. Branch Office, Bistupur, P.O. and P.S. Bistupur,
Jamshedpur, District (East) Singhbhum, Regional Office, National Insurance
Company Ltd., Delton Street, Kolkata-700071, represented through its Incharge,
Jharkhand Legal Cell, National Insurance Company Ltd., Kutchery Road, P.O.
Ranchi, P.S. Kotwali, District-Ranchi
........ Opposite Party No. 5/Appellant
Versus
1. Nita Singh, wife of Basist Narayan Singh
2. Basist Narayan Singh, son of late Surendra Nath Singh
3. Rakhi Kumari, daughter of Basist Narayan Singh
4. Kiran Kumari, daughter of Basist Narayan Singh
5. Abhimanyu Kumar, son of Basist Narayan Singh
All are resident of Road No. 12, Block No. 210/2/2, P.S.-R.I.T, P.O. Adityapur,
District-Seraikella-Kharsawan ...........Applicants/Respondents
6. Tapan Kumar Mandal, son of late Ram Chandra Mandal, resident Daharpur, P.O.
and P.S. Tamulia, District Mednapur (West Bengal) (Driver of Vehicle No. WB-
29-5664, Dumper)
............ Opposite Party/Respondent
7. Deba Prasad Jena, son of Amula Kumar Jena, resident of Dhahin Chora,
Shankar Para, P.O. and P.S. Tamuluk, District Mednapur (East) West Bengal,
(Owner of vehicle No. WB 29-5664), Dumper).
.......... Opposite Party No. 2/Respondent
8. The Oriental Insurance Company Ltd. Branch Office, Bistupur, P.O. and P.S.
Bistupur, Jamshedpur, District East Singhbhum, Regional Office, The Oriental
House, Asif Ali Road, P.O. and P.S. New Delhi, New Delhi-110002.
....... Opposite Party No. 3/Respondent
9. M/s Kokai Cargo, Mover of Tridev Apartment, Flat No. G-2, Main Road, Bistupur,
P.O. and P.S. Bistupur, Jamshedpur, District-East Singhbhum
.............Opposite Party No. 4/Respondent
10. Abdul Kalam, son of Dil Mohmmad Khan resident of village-Hasanpura, P.S.
Sadar, District Jaipur, Rajasthan ................Respondents
With
M.A. No. 01 of 2015
Oriental Insurance Company, Bishtupur, P.O. and P.S. Bishtupur, Jamshedpur, East
Singhbhum, having its Head Office at Oriental House, Asif Ali Road, PNew Delhi-
110002
........ Opposite Party No. 3/Appellant
Versus
1. Nita Singh, wife of Basist Narayan Singh
2. Basist Narayan Singh, son of late Surendra Nath Singh
3. Rakhi Kumari, daughter of Basist Narayan Singh
4. Kiran Kumari, daughter of Basist Narayan Singh
5. Abhimanyu Kumar, son of Basist Narayan Singh
All residents of Road No. 12, Block No. 210/2/2, P.O. and P.S.-R.I.T,. Adityapur,
District-Saraikella-Kharsawan
...........Claimant Nos. 1 to 5 respectively.
6. Tapan Kumar Mandal, son of late Ram Chandra Mandal, resident of Daharpur,
P.O. and P.S. Tamulia, District Midnapur (West Bengal) Driver ..... Opp. Party
No. 1
7. Deba Prasad Jena, son of Amula Kumar Jena, resident of Dhahin Chora,
Shankar Para, P.O. and P.S. Tamulia, District Midnapur (West Bengal), (Owner
of vehicle No. WB 29-5664)
2
.......... Opposite Party No. 2
8. M/s Kakai Cargo, Movers, Office at Tridev Apartment, Flat No. G-2, Main Road,
Bistupur, P.O. and P.S. Bistupur, Jamshedpur, District- Singhbhum East
(Owner of Truck No. JH05C-0758T ......Opp. Party No. 4
9. Branch Manager, National Insurance Co. Ltd. Bistupur, P.O. and P.S. Bistupur,
Jamshedpur, District Singhbhum East having its head office at 7, Middleton
Street, P.O. and P.S. Middleton Street, Kolkata-700071.......... (Opp. No. 5)
10. Abdul Kalam, son of Dil Mohmmad Khan resident of village-Hassanpura, P.S.
Sadar, District Jaipur, Rajasthan ................Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant : Mr. G.C. Jha, Advocate (in M.A. No. 52/2015)
Mr. Alok Lal, Advocate (in M.A. No. 01/2015
For the Respondents /Claimants: Mr. L.C.N. Shahdeo, Advocate
24/Dated: 18/01/2023
Heard Mr. G.C. Jha, learned counsel for the appellant in MA. No.
52/2015, Mr. Alok Lal learned counsel for the appellant in M.A. No. 01/2015 and Mr.
L.C.N. Shahdeo, learned counsel for the claimants/respondents in both the cases.
2. The owner and driver of the vehicles in both the appeals have not
appeared and by order of the Court notices upon the owner and the driver was
directed to be published in newspaper where they are residing pursuant to that notice
was published in the newspaper where they were residing and in this regard
supplementary affidavit has been filed. Inspite of that said respondents have not
appeared and the matter was adjourned on 04.01.2023 that is why in their absence,
both the appeals have been heard.
3. In both the appeals judgement dated 18.08.2014 passed in
Compensation Case No. 04 of 2006 by the learned District Judge-I-cum-M.V.A.C.T.
Tribunal, Seraikella-Kharsawan are under challenge.
4. On 06.05.2005 at about 6.15 hour in the morning the deceased Kapil
Kumar Singh was travelling by bicycle near Adityapur Telephone Exchange on the
Tata-Kandra main road, two dumpers bearing No. JH-05C-0758T and WB-29-5664
were coming from behind at high speed. The dumper no. WB 29-5664 driven
recklessly by the driver dashed the deceased from behind as a result deceased was
thrown away on the main road in the meantime the other dumper No. JH-05C-0758T
which was trying to overtake at breakneck speed crushed over the injured Kapil
Kumar lying on the road to death. After the occurrence the deceased was taken to
hospital where he was declared dead. The deceased was quite young and energetic
person aged about 22 years working as a security supervisor in Hawk Security
Services at Adityapur drawing Rs. 5,000/- per month including all admissible
allowance. He was unmarried and main support for the economy for the family
members i.e. parents younger brother and sister. The deceased was moving on the
left side of the road taking all care and caution, had the drivers of the both the
dumper taken due caution the present life of the deceased would have saved. Due to
untime death of the deceased at the young age and think of help the family sustained
considerable loss towards pecuniary and none pecuniary which cannot be
compensated in terms of money.
5. Mr. G.C. Jha, learned appearing on behalf of the appellant-National
Insurance Company Ltd. in M.A. No. 52 of 2015 submits that learned tribunal even
after finding that driving licence was for the Tempo and at the relevant time of
accident driving licence was there or not, the tribunal has fastened liability upon the
National Insurance Company and has directed to pay 50% awarded amount by the
National Insurance Co. Ltd with simple interest of Rs. 6% from the date of admission
of the case i.e. 03.04.2006 after deducting amount of Rs. 50,000/-. He submits that
National Insurance Company has already deposited Rs. 2 lakhs on 13.01.2017 in the
tribunal and pursuant that this Court granted stay in favour of appellant.
6. Mr. Alok Lal learned counsel appearing on behalf of the appellant-Oriental
Insurance Company Ltd. in in M.A. No. 01 of 2015 submits that learned tribunal has
considered the submission of the appellant-Oriental Insurance Company Ltd. that
cheque in question issued by the owner of the vehicle for renewal of insurance policy
was bounced and due to that policy was cancelled and intimation to that effect was
provided by the Insurance Company to the owner of the vehicle prior to the accident
inspite of that learned tribunal has directed to pay 50% of awarded amount.
7. Mr. L.C.N. Shahdeo, learned counsel for the claimants/respondents
submits that claimants have not received awarded amount except the interim
compensation granted in terms of section 140 of the Motor Vehicle Act. He submits
that awarded amount are still required to be paid to the claimants.
8. In view of above submission of the learned counsel for the parties the
Court has gone through the judgement of the learned tribunal and finds that while
deciding Issue Nos. 3, 4, 5 and 6, the learned tribunal has considered the Exhibit-D
which is the verification report of Anirudh Bhansali, licence investigator showing that
the driving licence no. 503635 dated 16.06.2005 in the name of Kalam Khan, son of
Sk. Deen Mohmad who authorized to drive Tempo in which it is mentioned that
Driving Licence validity Badge No. 1991 w.e.f. 29.06.1990, 16.06.2005 to 15.06.2008
wherein the accident took place on 06.05.2005 inspite of that the learned tribunal
has directed the National Insurance Company Ltd. to pay 50% of compensated
amount.
9. Looking into the said findings, it appears that occurrence took place on
06.05.2005 and driver was having licence of tempo but driving the dumper no. JH-
05C-0758T. In view of the liability fixed upon the National Insurance Company Ltd. is
found to be erroneous. However, considering 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 satisfy the award with liberty
to recover the same from the owner. The award so far as National Insurance
Company Ltd. is concerned is modified to the above extent.
10. So far as findings recorded with regard to Oriental Insurance Company
Ltd. is concerned, the Court finds that the learned tribunal has rightly held that the
communication made for cancellation of the policy by the Oriental Insurance
Company Ltd, has not been proved before the tribunal and that is why Oriental
Insurance Company Ltd. is made liable to pay 50% of the awarded amount however,
it appears that the cheque in question was bounced which has been proved before
the tribunal by way of adducing evidences on behalf of the Insurance Company. In
that view of the matter liability fixed upon the Oriental Insurance Company Ltd is
required to be modified to the extent that Oriental Insurance Company Ltd shall
satisfy the award in favour of claimants with liberty to recover the same from the
owner of the vehicle.
11. The statutory amount deposited by the Insurance Companies shall be
remitted to the learned tribunal forthwith. The appellants in both the appeals shall
deposit the remaining amount before the learned tribunal within six weeks from the
date of this order. 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. The award in both the appeals are modified in above terms. Rest part
of the findings of the learned tribunal are kept intact.
12. It is open to the claimants to provide bank account number along with
IFSC Code to the M.V.A.C.T. so that the amount be directly transmitted in the account
of the claimants.
13. These appeals stand disposed of in above terms.
( Sanjay Kumar Dwivedi, J.)
Satyarthi/
