Jharkhand High Court
The Divisional Manager vs Smt. Dhniya Devi on 10 February, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 226 of 2015
The Divisional Manager, National Insurance Company Limited, D.O.I, At S.N.
Ganguly Road, Sachindra Sadan, Main Road, Ranchi, through its Jharkhand
Legal Cell, Ranchi
.... .... Appellant
Versus
1. Smt. Dhniya Devi, W/o Late Hira Lal Mahto
2. Mansu Mahto S/o Late Hira Lal Mahto
Both residents of village Kamkebar, P.S. Ramgarh Cantt, District-
Hazaribagh, at present village Booty, P.S. Sadar, District-Ranchi
3. Smt. Tripti Kana Meur, W/o Bata Krishna Meur, 51/1, Sarat Bose Road,
P.O. Sarat Bose Road & P.S. Lake Thana, Calcutta-25.
... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellant : Mr. Alok Lal, Advocate
For the Resp No. 2 & 3 : Mr. Abhishek Kumar, Advocate
Mr. Sidhartha Roy, Advocate
------
Order No. 14 / Dated : 10.02.2025.
Heard, learned counsel for the parties.
1. Appellant- Insurance company is in appeal against the award of
compensation dated 23.09.2014 passed under Section 166 of the M.V.
Act by Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi,
in Compensation Case No.100(T)/2001, whereby and whereunder liability
to pay the compensation is fixed on the insurance company.
2. The main ground taken in the instant appeal is that the offending vehicle
being a Maruti Omni bearing registration no. WB-02B-6254 was not under
the insurance cover at the relevant time of accident which took place on
30th November, 2000.
3. It is contended that the insurance policy was for one month and the same
was valid from 14.03.2000 to 13.04.2000 and there was no insurance
cover of the vehicle at the time of accident.
4. In support of this contention, the learned counsel specifically relies on Ext.
A, B, and Z Series. Exhibit A is the original report under Section 64 VB
regarding payment of policy of premium of Rs. 106/- paid by cheque.
Exhibit B is the letter issued by the Senior Divisional Manager of National
Insurance Company Limited, Kolkata addressed to the National Insurance
Company Limited, Jharkhand, Legal Cell, wherein, it has been stated that
vehicle no. WB-02B-6254 was under insurance cover from 13.03.2000 to
12.04.2000 vide policy No. 101500/1999 on the basis of proposal form
after collecting Rs. 106/- towards one month premium. Further, reliance is
placed on photocopy of certificate of insurance marked as Z/3 for
identification which also shows the period of insurance from 13.03.2000
to 12.04.2000.
5. It is argued by the learned counsel on behalf of the respondent-claimant(s)
that learned Tribunal has discussed at length in paras 16 to 18 of the
judgment the reasons for not accepting this contention. Claimant had filed
xerox copy of the insurance policy which was marked as Exhibit X/1 and
it shows that cover no. 157065 regarding payment of Rs. 400/- as the
premium covering third party insurance valid from 14.03.2000 to
13.04.2000. Exhibit A and B were not relied upon by the Tribunal for the
reason that policy was issued one day before the cover note of the policy.
6. Furthermore, the cheque was of dated 24.03.2000 and it was encashed
on 28.03.2000, meaning thereby, much after the said issuance of cover
note and also the policy. Further, the proposal form was filled up on
14.03.2000 while the policy was issued on 13.03.2000.
7. The sequence of event exposes the falsity of these documents as OP-
witness no. 1 was a Law Officer of the insurance company who has stated
that the cover note was valid for the period of two months i.e., sixty days
the case of the OP that policy was issued for just 30 days.
8. Having heard the submissions advanced on behalf of both sides,
indisputably the accident took place on 30.11.2000 by Maruti Omni bearing
Registration No. WB-02B-6254. Appellant deny the insurance of the
vehicle at the time of the accident, on the basis of Exhibit A is regarding
payment of premium of Rs. 106/- for policy issued on 13.03.2000, but cover
note issued on 14.03.2000. Exhibit B is the letter issued by the Senior
Divisional Manager of National Insurance Company Limited, Kolkata
addressed to the National Insurance Company Limited, Jharkhand, Legal
Cell, wherein, it has been stated that vehicle no. WB-02B-6254 was under
insurance cover from 13.03.2000 to 12.04.2000 vide policy No.
101500/1999 on the basis of proposal form after collecting Rs. 106/-
towards one month premium. Further, reliance is placed on photocopy of
certificate of insurance marked as Z/3 for identification which also shows
the period of insurance from 13.03.2000 to 12.04.2000.
9. Claimant on their part have led no evidence except the photo copy of the
Insurance Policy which has been marked as X/1 according to it the validity
of insurance was from 14.03.2000 to 13.03.2001. Learned Tribunal
declined to rely on the Ext-A, because of vital discrepancies, wherein the
date of filling of proposal form was 14.03.2000, whereas date of issuance
of policy was 13.03.2000 and the cheque was encashed on 28.03.2000.
Tribunal rightly took note of the anomaly in the date of filling of the proposal
form, encashment of the cheque against payment of premium and the date
when the policy was issued.
I do not find any cogent and persuasive reason to differ with the finding of
fact recorded by the Tribunal.
Miscellaneous Appeal stands dismissed.
Statutory amount be remitted to the Tribunal to be disbursed along
with compensation to the claimant.
(Gautam Kumar Choudhary, J.)
Pawan/-
