National Insurance Company At ... vs Ashok Kumar Ojha
2025 Latest Caselaw 1295 Jhar

Jharkhand High Court

National Insurance Company At ... vs Ashok Kumar Ojha on 31 July, 2025

                                                             2025:JHHC:21167




    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               M.A. No. 325 of 2015
                                 -----
       National Insurance Company at Hindustan Building, Bistupur,
       P.O. & P.S. Bistupur, Jamshedpur, District- East Singhbhum
       through its legal cell, Ranchi, P.O. - G.P.O., P.S. Kotwali, District-
       Ranchi.                                 ...    ...      ...    Appellant
                                   Versus
    1. Ashok Kumar Ojha, Son of Bashkar Ojha
    2. Kiran Devi, Wife of Ashok Kumar Ojha
       Both resident of New Ulidih, Kunwar Singh Road, Mango, Dimna
       Road, H. No. 18, P.O. Ulidih, P.S. Ulidih (Mango), Jamshedpur,
       District- East Singhbhum
    3. Owner of Tanker bearing Registration No. JH-05H-7415, M/S
       Madhusudan Service Station held by Dilip Goswami, H. No. 33, P.O.
       & P.S. Bahragora, District- East Singhbhum
                                               ...    ...      ...    Respondents
                                  ---------
         For the Appellant        :Mr. Manish Kumar, Advocate
         For the Resp. nos. 1 & 2 :Mr. Girish Mohan Singh, Advocate
         For the Resp. no. 3      : Mr. P.A.S. Pati, Advocate
                                  ---------
                              PRESENT
           HON'BLE MR. JUSTICE ARUN KUMAR RAI
                     JUDGMENT

C.A.V. on 16.06.2025 Pronounced on 31st July, 2025

1. Heard Mrs. Manish Kumar, learned counsel appearing on behalf of the appellant - Insurance Company, Mr. Girish Mohan Singh, learned counsel for the respondent nos. 1 and 2 i.e. claimants and Mr. P.A.S. Pati, learned counsel for the respondent no. 3 - Owner.

2. The instant Miscellaneous Appeal has been preferred on behalf of appellant - National Insurance Company, against the award dated 31.03.2015 passed in Compensation Case No. 109 of 2012, whereby the District Judge-III-cum- M.A.C.T., Jamshedpur has allowed the application filed under Section 166 of Motor

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Vehicles Act, 1988 and awarded compensation to the tune of Rs 3,39,000/- along with interest @ 9% from the date of filing of the suit till its realization

3. Brief facts of the case is that on 04.09.2010 at about 04:30 P.M. in the evening Nand Kishore Ojha, since deceased was returning after completion of his work as an electrician in Gurudwara and was crossing the road near Balti Factory, then he was hit by a tanker bearing Registration No. JH-05H-7415, as the same was being driven in a rash and negligent manner and he got injured and succumbed to injury on the spot itself.

4. On the basis of statement of Ashok Ojha, father of the deceased, an F.I.R. being Olidih (Mango) P.S. Case no. 365/2010 dated 04.09.2010 under Sections 279 and 304 A IPC has been registered against the driver of tanker having Registration No. JH- 05H-7415. After due investigation, charge sheet has been submitted against the driver of the offending tanker. Copy of aforesaid F.I.R. and charge sheet are also available on record.

5. An application under Section 166 of Motor Vehicles Act has been filed by the parents of the deceased against the owner of the offending tanker having Registration No. JH-05H-7415 and appellant - National Insurance Company, before the Tribunal at Jamshedpur.

6. In the present case, despite service of notice, owner of the vehicle did not turn up in the inquiry, however, National Insurance Company (appellant herein) participated in the inquiry and also filed a written statement (W.S.) denying the claim of the claimants on various grounds.

7. During course of inquiry on behalf of claimants Kiran Devi, Komal Kumari, Ashok Kumar Ojha and Ashok Behra have adduced

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their respective evidences and applicants brought on record the pay slip (Exhibit-1), certified copy of F.I.R. (Exhibit -2), certified copy of charge sheet (Exhibit -3) and Xerox copy post mortem report (Exhibit - 4).

8. On behalf of O.P. - National Insurance Company (appellant herein), Vishwajeet Mukherjee and Sunil Kumar have adduced their respective evidences. Appellant - National Insurance Company brought on record the dirving licence (D.L.) verification (Exhibit-A), D.L. verification by D.T.O. (Exhibit- B), photo copy of permit (Exhibit- D).

9. After analyzing the material available on record, learned Tribunal passed an award to the tune of Rs. 3,39,000/- as compensation with further direction that one cheque for 40% of the amount in the name of Ashok Kumar Ojha, another cheque for 40% of the above mentioned amount in the name of Kiran Devi, and the remaining 20% of the compensation in the name of Komal Kumari (sister of the deceased). All cheques are to carry interest @ 9% per annum from the date of claim filing until payment and cheques must be issued within 30 days. If any compensation under Section 140 of the M.V. Act has already been paid, the insurance company may deduct that amount from the total compensation.

10. Appellant - National Insurance Company, being aggrieved by award dated 31.03.2015, preferred this appeal and confined the prayer only to the right to recovery against the owner of offending vehicle having Registration No. JH-05H-7415.

11. Learned counsel for the appellant - National Insurance Company drew attention of this Court towards the finding of impugned award dated 31.03.2015 of the learned Tribunal. Issue no. iv is related with the violation of the terms and conditions of the

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insurance policy. Learned counsel submitted that the plea of violation of terms and conditions had been taken on behalf of National Insurance Company on two bases, the first violation was regarding fake permit of the offending tanker and second violation of terms and conditions that driver of the offending tanker was not having an endorsement for carrying hazardous goods.

12. Learned counsel for the appellant further, very fairly pointed out that, as far as fake permit is concerned, there is a finding of the learned Tribunal that the National Insurance Company was not able to prove the same, as such, learned Tribunal did not accede to the plea regarding the fake permit of the offending tanker in the present case. However, as far as the endorsement on the driving licence of the driver of the offending tanker is concerned, learned Tribunal has given a categorical finding that there was no endorsement qua the hazardous goods. Therefore, the learned Tribunal came to the conclusion that there was no valid driving licence (D.L.) to drive the tanker, which amounts to a violation of the terms and conditions of the policy. Accordingly, while deciding the said issue, learned Tribunal granted the right to recovery to the appellant - National Insurance Company. However, in the operating portion of award, this fact has not been mentioned by the learned Tribunal and this is the grievance of the appellant - National Insurance Company.

13. This Court carefully gone through the material available on record and find force in the submission advanced by the learned

14. There is finding of the learned Tribunal qua the driving license on the basis of Exhibit - A and Exhibit - B which has been brought on record by appellant - National Insurance Company. Exhibit - A is driving license verification report dated 10.07.2014 given by

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surveyor Gautam Kumar Jana This report does not speak about the endorsement regarding entitlement to drive hazardous goods.

Exhibit -B is a memo issued by Licensing Authorty, Tamluk, Medinipur W.B. regarding the particulars in respect of Driving License No. 3L - 226/92 (TAM) of Amrit Mahto S/o Kanailal Mahto. This memo does not speak about the endorsement regarding entitlement to drive hazardous goods.

15. This Court finds that at Page 4 of the impugned award dated 31.03.2015 just before paragraph- 11, learned Tribunal has contended as under:-

"So far as recovery right is concerned I find that it is a fit case to grant recovery right after payment of compensation. Accordingly, recovery right is granted to O.P. - National Insurance Company. Accordingly, these issues are decided in favour of the applicants."

16. This Court finds that Paragraph - 13 of the impugned award does not speaks about the right to recovery granted to appellant - National Insurance Company and this is the only grievance of the appellant - National Insurance Company herein.

17. In view of aforesaid discussions, this Court is of considered view that this has definitely been inadvertently left in the last paragraph of the award passed by the learned Tribunal because, in the finding portion, learned Tribunal has categorically granted the right to recovery against the owner of the offending tanker to the appellant - National Insurance Company.

18. It is clarified that, without disturbing any of the findings of learned Tribunal, this Court only modify the award dated 31.03.2015 to the extent that appellant - National Insurance Company is entitled for right to recovery after payment of

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compensation against the owner of the offending tanker having Registration No. JH-05H-7415.

19. It has also brought to the notice of this Court that no amount has been deposited by the appellant - National Insurance Company.

20. The appellant - National Insurance Company is directed to comply the award within a period of 45 days from today by depositing the amount before concerned Tribunal.

21. The statutory amount deposited by the insurance company be remitted to the learned Tribunal by learned Registrar General of this Court within a period of four weeks from today which shall be paid to the claimants by the learned Tribunal/executing court after notice and due verification.

22. Accordingly, the appeal stands disposed of with the aforesaid modification.

23. Resultantly, Miscellaneous Application being M.A. No. 325 of 2015, is hereby, disposed of.

24. Pending I.A. if any, also stands disposed of.

(Arun Kumar Rai, J.)

High Court of Jharkhand at Ranchi Dated, the 31st day of July, 2025 Abhishek/- A.F.R.