Jharkhand High Court
National Insurance Company Limited vs Saraswati Mahapatro on 2 May, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:13274
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 285 of 2009
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National Insurance Company Limited, Hindustan Building, P.O. & P.S.
Bistupur, Jamshdpur, District Singhbhum East represented through its
Assistant Manager, Deepak Mukherjee, son of Sri P.K. Mukherjee, resident
of Hinoo, Shukla Colony, P.O. Hinoo, P.S. Doranda, District Ranchi
.... .... .... Petitioner
Versus
1. Saraswati Mahapatro, wife of Late Madan Gopal Mahapatro, resident of
Jugsalai Pani Tanki, Station Road, Jugsalai, P.O. & P.S. Jugsalai,
Jamshedpur, District Singhbhum East
2. Jayotsana Mahapatro daughter of Late Madan Gopal Mahapatro, resident
of Jugsalai Pani Tanki, Station Road, Jugsalai, P.O. & P.S. Jugsalai,
Jamshedpur, District Singhbhum East
3. Raj Hembram, son of Doman Hembram, resident of Line Tola, Gajnta
Tola, Parsudih, P.O. Parsudih, P.S. Karandih, Jamshedpur, District
Singhbhum East .... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Manish Kumar, Advocate
For the Respondents : Mr. D.K. Karmakar, Advocate .
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Order No.08 / Dated : 02.05.2025
Instant writ petition has been filed under Article 226 of the
Constitution of India for quashing the order dated 18.10.2008 passed in
P.L.A. Case No.432 of 2007 by Permanent Lok Adalat, Jamshedpur whereby
and whereunder a compensation of Rs.5,08,392/- has been awarded in
favour of respondent nos.1 and 2 against the petitioner-Insurance Company.
2. Deceased- Late Madan Gopal Mahapatro died on 17.07.2007 in a
motor vehicle accident on being hit by Hero Honda Motorcycle bearing
registration no. JH 05S 0455. The said motorcycle was under the insurance
cover of the petitioner-Company and it was being driven by the owner and
insured- Raj Hembram (respondent no.3) at the relevant time of accident.
Learned Permanent Lok Adalat recorded a finding regarding factum of
accident and ordered the compensation against which the instant writ
petition has been filed.
3. It is submitted by learned counsel on behalf of petitioner-Insurance
Company that the owner-cum-driver of the motorcycle was not having valid
driving license at the time of accident. It was specifically pleaded by the
2025:JHHC:13274
Insurance Company that owner-cum-driver was not having valid driving
license and therefore, there was fundamental breach of terms of insurance
policy under Section 149(2) of the Motor Vehicle Act. Neither the original
driving license nor the copy of driving license was ever been produced by
the owner of the vehicle. Investigator of the Insurance Company submitted
his report, who was examined as O.P.W. 1, wherein he stated that he had
approached family members of the owner for the copy of driving license,
but the same was not produced.
4. Under this factual background, it is argued that in view of ratio laid
down by the Hon'ble Supreme Court in the case of Pappu & Others Vs.
Vinod Kumar Lamba & Another, (2018) 3 SCC 208, Insurance Company was
not liable to indemnify the owner of the offending vehicle.
5. Notices were earlier issued in this case and duly served to the
respondent no.3, but he has not appeared and consequently, the hearing of
the appeal is proceeded ex-parte against him. On perusal of the judgment
passed by the learned Permanent Lok Adalat, it is evident that claim was
contested on the ground that the owner was not having valid driving license
at the relevant time of accident. The owner of the vehicle had appeared
before the Permanent Lok Adalat, but did not at any point of time file
driving license therefore, presumption can be drawn that the said driving
license was not with the respondent no.3/owner of the vehicle. Under the
circumstance, there is fundamental breach of terms and conditions of the
insurance policy, and therefore the Insurance Company will have a right of
recovery against the owner of the offending vehicle.
Writ Petition is allowed with the direction to the Insurance
Company to make payment of the amount to the claimants within four
weeks of the order. Insurance Company will have a right of recovery
against the owner of the offending vehicle. Interlocutory Application, if
any, is disposed of.
(Gautam Kumar Choudhary, J.)
Anit
