[Cites 6, Cited by 0]
Jharkhand High Court
National Insurance Company Limited vs Kiran Kumar @ Kusum Kumar D/O Late Lala ... on 28 November, 2025
2025:JHHC:35704
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 236 of 2016
---------
National Insurance Company Limited, Divisional Manager,
Divisional Office at B.P. Agarwalla Building, Dhansar, P.O. &
P.S. Dhansar, (Bank More P.S.), District-Dhanbad duly
represented through its Deputy Manager, National Insurance
Company Limited, Jharkhand Legal Cell, Kutchery Road, Post
Office-G.P.O., Police Station-Kotwali, District- Ranchi-834001.
... ... Appellant
Versus
1. Kiran Kumar @ Kusum Kumar d/o late Lala Rawani.
2. Barsha Kumari d/o late Lala Rawani.
3. Baby Kumari d/o late Lala Rawani.
4. Ruby Kumari d/o late Lala Rawani.
5. Nitu Kumari d/o late Lala Rawani.
6. Himalay Rawani @ Sagar Rawani s/o late Lala Rawani,
Respondent nos.2 to 6 being minors and are duly
represented through their elder sister namely, Kiran Kumar
@ Kusum Kumar (appellant no.1 herein) (both parents are
already dead).
All are residents of village Kharkhari, P.O. Kharkhari, P.S.
Madhuban, District-Dhanbad
... ... Plaintiffs/Respondents
7. Siban Lal Hari s/o Late Guleshwar Hari, resident of village
Bansjora Basti, P.O. Kharkhari, P.S. Madhuban, District-
Dhanbad
... ... Defendant no.1/Respondent
---------
Insurance Company : Mr. Pratyush Kumar, Advocate
: Ms. Taru Gupta, Advocate
For the Resp. No.7 : Mr. Rajiv Kumar Karan, Advocate
---------
PRESENT
HON'BLE MR. JUSTICE ARUN KUMAR RAI
JUDGMENT
C.A.V. on 29.07.2025 Pronounced on 28.11.2025
2025:JHHC:35704
1. Heard Mr. Pratyush Kumar, learned counsel appearing
on behalf of the appellant-Insurance Company and Mr. Rajiv
Kumar Karan, learned counsel appearing on behalf of the
respondent no.7- Owner of offending trekker.
2. The instant miscellaneous appeal has been preferred by
the appellant-Insurance Company against the award dated
06.10.2015 passed in Title (M.V) Case No. 124 of 2010
wherein the learned District Judge-XIV-cum-Motor Accidents
Claims Tribunal, Dhanbad has awarded a sum of Rs.
14,02,400/- along with interest @6% p.a. to the claimants
from the filing of the suit till its realization within 8 weeks
from the date of order.
3. The brief facts of the case is that, on 18.03.2004 at
about 7.00 A.M Lala Rawani (since deceased) along with his
wife Chinta Devi(since deceased) met with an accident near
Turki Jangal, P.S.- Banka, Bihar while travelling as
passengers on Trekker having registration no.- JH-09B-
8041 which was driven in rash and negligent manner and
got dashed in a Gulmohar Tree. Lala Rawani (since
deceased) and his wife Chinta Devi (since deceased)
sustained serious injuries due to the said Motor accident and
both of them succumbed to injuries during the course of
treatment.
An F.I.R. regarding above said incident has been got
registered being Chandan P. S. Case No. 17 of 2004, on the
fardbayan of one of the co-passenger Jagbandhu Sen under
Sections 279/304A/337/338 of IPC. Thereafter, on the
conclusion of investigation, charge sheet has been filed
before court concerned. The claimants, including children of
the deceased- Lala Rawani, filed an application under
Section 166 of the Motor Vehicles Act, 1988 (in short M.V.
Act, 1988). However, no application on behalf of Chinta Devi
(since deceased) was filed.
2025:JHHC:35704
The owner of the Trekker having no.- JH-09B-8041
and appellant- Insurance Company made opposite parties in
the said application and marked their appearance before the
Tribunal, but owner of the Trekker being O.P.No.-1 was given
ample opportunity to file written statement but in spite of
that he failed to file written statement and, thus, debarred
from filing written statement and only Insurance Company
being O.P.No.-2 filed written statement and denied its
liability to pay the compensation.
4. On behalf of claimants, three witnesses got examined;
P.W.-1, Kiran Kumari, daughter of the deceased-Lala Rawani
and she stated regarding her family members, the accident
in which she lost her father and mother. She has also
spoken about the employment of her deceased father in
BCCL Kharkhari Coliery as Magazine Clerk and his salary
(monthly) as Rs. 7,123.43/- P.W.-2 Bhim Rajak is the Clerk
in the Coliery where deceased was also working. He has
brought on record original Identity-Card, Pay Slip of the
deceased and the same have been marked as Exts.-1 & 2
respectively. P.W.-3 Suraj Rawani who happens to be one of
the Co-passenger of said Trekker and has said about the
accident of Trekker on account of rash and negligent driving.
P.W.-1 and P.W.-3 reiterated the incident and further P.W.-1
and P.W.-2 deposed about the employment of deceased in
BCCL and his monthly income. Applicants/claimants further
brought on record following documents:
Exhibit 1:- Original Identity Card of Lala Rawani issued by
BCCL.
Exhibit 2:- Attested copy of pay slip of Lala Rawani from 11th
March 2014.
Exhibit 3 :-Letter issued by Sr. Manager (Finance) Kharkhari
colliery, BCCL dated 30-04-15.
2025:JHHC:35704
Exhibit 4:- Certified copy of FIR in Chandan P.S. Case no.
17/04.
Exhibit 5:- Certified copy of charge sheet in Chandan P.S. Case
no. 17/04.
Exhibit 6:- Photocopy of postmortem report of Lala Rawani.
Exhibit 7:- Original Family certificate issued by the BDO
Baghmara.
5. On behalf of opposite parties, none of the witnesses got
examined and no document has been adduced in the
evidence.
6. After analyzing the materials available on record, the
Tribunal passed the impugned award dated 06.10.2015
thereby asked the appellant- Insurance Company to pay
award of sum of Rs. 14,02,400/- along with interest @6%
p.a. to the claimants from the filing of the suit till its
realization within 8 weeks from the date of order.
7. Appellant-National Insurance Company Limited being
aggrieved by award dated 06.10.2015, preferred this appeal
and confined the prayer only to the right to recovery against
the owner of offending Trekker having registration no.
JH-09B-8041, as there was no valid Driving License (D.L)
and permit to run the trekker and, therefore, submission has
been made that liability cannot be foisted upon the
appellant- Insurance Company on account of breach of terms
and conditions of the policy.
8. Learned counsel for the appellant - Insurance Company
drew attention of this Court towards the finding of Issue nos.
IV and V of the impugned award dated 06.10.2015 which are
related with the violation of the terms and conditions of the
insurance policy. Learned counsel submitted that the plea of
violation of terms and conditions had been taken on behalf of
Insurance Company on two scores, the first, violation
regarding having no Driving License (DL) of the driver of
offending Trekker and the second, the offending Trekker was
having no permit on the date of accident.
2025:JHHC:35704
9. Learned counsel for the appellant - Insurance Company
further, pointed out that, as far as valid Driving License (D.L)
of the driver of the offending Trekker and permit is
concerned, there is a finding of the learned Tribunal that
neither claimants nor owner were able to bring on record
these papers and, as such, learned Tribunal did not accede
to the plea regarding the Driving License (D.L) of the driver of
the offending Trekker and valid permit to ply the Trekker in
the present case.
10. Learned counsel for the Respondent no.7- Owner of the
Trekker submitted that the Trekker having registration no.-
JH-09B-8041 was duly insured by the appellant - Insurance
Company at the time of accident and possesses all the
required documents including Driving License (D.L) of the
driver of the offending Trekker and valid permit to ply the
said Trekker and, as such, there is no violation of terms and
conditions of the Policy and learned Tribunal has rightly
decided the Issue nos. IV and V.
11. Heard learned counsel for the parties and perused the
materials available on record.
12. Despite valid service of notice upon the Respondent
nos. 1 to 6/claimants, they have chosen not to participate in
the present proceeding.
13. This Court on the prayer of learned counsel for the
Respondent no.7- Owner of the Trekker, to bring on record
the required documents i.e. Driving License (D.L) of the
driver of the offending Trekker and valid permit, as an
additional evidence had granted two weeks' time but despite
having an opportunity given by this Court, the Owner of the
Trekker failed to brought on record the same, in the present
proceeding.
14. There is finding of the learned Tribunal qua the Driving
License (D.L.) of the driver of the offending Trekker and the
permit of the said Trekker that the same could not be
2025:JHHC:35704
brought by either of the parties i.e. Claimants and owner.
15. This Court finds that Issue nos. IV and V of the
impugned award do not speak about the violation of the
terms and conditions of the insurance policy despite
non- production of Driving License(D.L.) and permit of the
offending Trekker before the learned Tribunal
16. It would not be out of place to mention here that owner
of the offending Trekker also participated in that claim
proceeding before the Tribunal and he has not taken pain to
come explicitly on this issue by bringing on record the
Driving License (D.L.) of the driver and permit issued for
Trekker having Registration no. JH-09B-8041. Even during
pendency of the present appeal despite having an
opportunity to bring on record the Driving License of the
Driver and permit of the offending vehicle, the owner of the
offending vehicle (Resp. No.7 herein) did not do so.
17. In view of the above-said discussions, this Court is
having no hesitation to hold that there was no Driving
License (D.L.) of the Driver of offending vehicle and permit
qua the Trekker i.e. having Registration no. JH-09B-8041, on
the date of accident, as such, there is a violation/breach of
terms and conditions by the owner. The Tribunal has foisted
the liability upon the shoulder of the appellant- Insurance
Company to immediately pay the amount of compensation to
the respondents/claimants but has not given the right to
recovery to the appellant- Insurance Company, despite the
fact that there is a violation/breach of terms and conditions
by the owner of the vehicle.
18. Resultantly, the award dated 06.10.2015 is modified
to the extent that the right to recovery against the
owner of the Trekker having Registration no. JH-09B-
8041 is given to the appellant- Insurance Company.
19. As far as the payment of compensation amount is
concerned, record reveals that Insurance Company has not
2025:JHHC:35704
indemnified the compensation amount to the claimants.
Further, the Insurance Company is directed to indemnify the
award after deduction of interim compensation, if awarded,
along with the interest by the Tribunal within a period of 45
days.
20. The statutory amount deposited by the Insurance
Company be remitted to the 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.
21. Consequently, the instant Miscellaneous Appeal being
M.A. No. 236 of 2016, is hereby, allowed.
22. Pending I.A., if any, stands disposed of.
(Arun Kumar Rai, J.)
High Court of Jharkhand at Ranchi
Dated: 28 .11.2025
Suman/-N.A.F.R.
