Jharkhand High Court
Divisional Manager vs Mona Namata on 3 March, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M. A. No. 242 of 2016
Divisional Manager, National Insurance Company Limited, Bistupur,
Jamshedpur, District- East Singhbhum through its Legal Cell, Ranchi,
P.O. GPO, P.S. Kotwali, District- Ranchi.
.... .. ... Appellant(s)
Versus
1.Mona Namata, W/o Late Narayan Namata
2.Ashok Namata, S/o Late Narayan Namata
3.Mukesh Namta, S/o Late Narayan Namata
All R/o H.No.17, Line No.2, Gurudwara Basti, Ranikudar, P.O. & P.S.
Bistupur, Jamshedpur, District- East Singhbhum.
4.Barun Dey, S/o Late D. P. Dey, H.No.1, Village + P.O. & P.S.-
Kanderbera, District- Seraikella- Kharsawan.
. .. ... ...Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
.........
For the Appellant (s) : Mr. Manish Kumar, Advocate
For the Claimants : Mr. J. N. Upadhyay, Advocate
Mr. Mayank Kumar, Advocate
Mr. Rahul Kumar, Advocate
......
10/ 03.03.2025. Heard, learned counsel for the parties.
1. The appellant- Insurance Company is in appeal against the judgment
and Award of compensation under Section 166 of the M.V. Act passed
by learned District Judge-III-cum- MACT, Jamshedpur, in
Compensation Case No.208 of 2013 whereby and whereunder, liability
has been fastened on the appellant- Insurance company to pay the
compensation amount.
2. Facts are not in dispute and it has also not been disputed that the
offending vehicle bearing Registration No.JH05AF 4082 was under the
insurance cover of the appellant- Insurance Company at the relevant
time of the accident.
3. The instant Misc. Appeal has been preferred mainly on the ground that
the offending vehicle was a Hywa Truck and was commercial in nature
and was plying without having any valid permit. Issue No.(iii) was
framed by learned Tribunal with regard to the violation of the terms and
conditions of the Insurance policy.
4. It is argued by learned counsel for the appellant- Insurance Company
that appellant- Insurance Company had examined witness No.1
(Sarvesh Kumar Mishra), the investigator on its behalf and he had
stated in his examination in chief on oath at Paras 3 and 4 that the
relevant permit could not be produced by the owner of the vehicle and
it was not even available in the Police records of the said accident.
5. It is further argued that in view of the ratio laid down by the Apex Court
in the case of Amrit Paul Singh v. TATA AIG General Insurance Co.
Ltd., (2018) 7 SCC 558 it was incumbent on the part of the owner of
the offending vehicle to produce the permit of the vehicle and having
failed to do so, an inference was required to be drawn with regard to
breach of the terms of the insurance policy for plying the commercial
vehicle without any permit.
6. In this case, notice was earlier issued upon the owner of the offending
vehicle (Respondent no.4), but no one had appeared despite the
service of notice as noted in the order dated 01.08.2018.
7. Considering the ratio as laid down by the Apex Court in the case of
Amrit Paul Singh (supra), by the inability to produce the permit before
the learned Tribunal by the owner of the offending vehicle, owner has
failed to discharge that the offending vehicle was plying under a valid
permit and there had not been any breach of term and condition of the
insurance policy. Plying of a vehicle without valid permit was a
fundamental breach of the insurance policy under Section 149(2) of
the MV Act.
8. The appellant - Insurance Company is directed to make payment of
full and final Awarded amount before the learned Tribunal within a
month and thereafter the learned Tribunal shall disburse the same to
the claimant(s) within two weeks.
9. Appellant - Insurance company will have right of recovery against the
owner of the offending vehicle.
10. The statutory amount, if any, deposited at the time of preferring the
instant Misc. Appeal shall be sent to the learned Tribunal so as to
adjust/ disburse to the claimant(s).
Misc. Appeal is accordingly, allowed.
Pending I.A(s), if any, stands disposed of.
(Gautam Kumar Choudhary, J.)
Sandeep/
