The New India Assurance Com.Ltd. ... vs Rusia
2022 Latest Caselaw 8822 MP

                                                                 1
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                                BEFORE
                                                  HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                          ON THE 4th OF JULY, 2022

                                                      MISC. APPEAL No. 102 of 2015

                                          Between:-
                                          THE NEW INDIA ASSURANCE COM.LTD.
                                          BRANCH OFFICE GURU BHAVAN NEAR
                                          DALSAGAR BUS STAND BHAIRAV GANG ROAD
                                          SEONI THR. THE DIVISION MANAGER NEW
                                          INDIA COMPNAY LTD. DIVISIONAL OFFICE 290
                                          NAPIRE TOWN JABALPUR (MADHYA PRADESH)

                                                                                        .....PETITIONER
                                          (BY SHRI DINESH KAUSHAL, ADVOACATE)

                                          AND

                                     1.   RUSIA S/O LATE HARISH CHANDRA KAVAS ,
                                          AGED ABOUT 55 YEARS, WARD NO.2 BHATERA
                                          CHOKI    BALAGHAT    TEH.  AND   DISTT.
                                          BALAGHAT (MADHYA PRADESH)

                                     2.   RUKHNI BAI W/O RUSIA KAVAS , AGED ABOUT
                                          50 YEARS, VILLAGE AND THANA UGLI TAHSIL
                                          KEOLARI DISTT. SEONI AT PRESENT R/O WARD
                                          NO.2 BHATERA CHOKI BALAGHAT TAHSIL AND
                                          DISTT. BALAGHAT (MADHYA PRADESH)

                                     3.   ABRAR KHAN S/O WAZIR KHAN , AGED ABOUT
                                          47 YEARS, HADDI GODAM TAH AND DISTT.
                                          SEONI (MADHYA PRADESH)

                                     4.   MOHD. AMIR SOYABKHAN S/O M.J KHAN ,
                                          AGED ABOUT 35 YEARS, SANJAY WARD SEONI
                                          TAH AND DISTT. SEONI (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                                          (BY SHRI RAVINDRA BISEN, ADVOCATE FOR RESPONDENT NO.3
                                          )

Signature Not Verified
  SAN
                                                      MISC. APPEAL No. 4412 of 2018

Digitally signed by SARSWATI MEHRA
Date: 2022.07.09 12:10:23 IST             Between:-
                                          THE NEW INDIA ASSURANCE COMPNAY LTD.
                                                                2
                                             THR. CHHINDWARA TEHSIL AND                    DIST.
                                             CHHINDWARA (MADHYA PRADESH)

                                                                                                       .....PETITIONER
                                             (BY SHRI DINESH KAUSHAL, ADVOCATE)

                                             AND

                                     1.      MUKESH S/O RAMESH CHAND , AGED ABOUT
                                             34 YEARS, OCCUPATION: CASTE- KUNBI R/O
                                             WARD NO. 13 BUDI THANA KOTWALI,
                                             BALAGHAT    TEHSIL AND DIST. BALAGHAT
                                             (MADHYA PRADESH)

                                     2.      ABRAR S/O BAZEER , AGED ABOUT 38 YEARS,
                                             OCCUPATION: DRIVER OF THE VEHICLE NEAR
                                             HADDI GODAM SEONI TEHSIL AND DISTRICT
                                             SEONI (MADHYA PRADESH)

                                     3.      MOHD. AMIR SOYAB KHAN S/O M.J. KHAN
                                             SANJAY WARD SEONI TEHSIL AND DISTRICT
                                             SEONI (MADHYA PRADESH)

                                                                                                    .....RESPONDENTS
                                             (BY SHRI SUBODHA KUMAR PANDEY, ADVOCATE)

                                           Th is appeal coming on for hearing this day, t h e court passed the
                                     following:
                                                                          ORDER

These appeals have been filed by the Insurance Company being aggrieved of two different awards.

Misc.Appeal No.102/2015 is filed by the Insurance Company being aggrieved of award dated 14.10.2014 in Claim Case No.114/2013. Just to bring on record, brief facts are that an accident which took place on 17.07.2013 when TATA 407 vehicle bearing registration No.MP 18P0149 driven by driver Abrar Khan and owned by Mohd. Amir Soyab Khan hit Mukesh and Suresh causing

Signature Not Verified grievous injury to them alternately which resulted in death in grievous injury. SAN

It is submitted that learned Tribunal in its awarded dated 14.10.2014 in Digitally signed by SARSWATI MEHRA Date: 2022.07.09 12:10:23 IST

Para Nos.9, 10 and 11 has admitted two facts, namely driver Abrar Khan was

not having a valid driving license on 17.07.2013 to drive a transport vehicle. In fact his license was renewed on 29.08.2013 w.e.f. 29.08.2013 to 19.05.2015 to drive a transport vehicle. This license had expired on 08.04.2013 therefore, admittedly on the date of incident driver Abrar Khan was not having a valid license to drive a transport vehicle TATA 407 bearing registration No.MP18P0149 but this fact has been ignored by another tribunal which passed award on an application filed by Mukesh on 29.06.2018 in Claim Case No.22/2015 presided by First Additional Motor Accident Claims Tribunal to the Court of First Additional Motor Accident Claims Tribunal, Balaghat of directing pay and recover instead of as held all the respondents jointly and severely responsibility pay the compensation.

Learned counsel for the appellant has placed reliance on Judgment of the Coordinate Bench of this Court in The New India Assurance Company Ltd. Vs. Smt. Rajju Bai wd/o Shrinath Kawat, as reported in 2019 (1) MPLJ 4 0 5 and submits that though negative evidence can be produced by the Insurance Company and once Insurance Company produces certificate from the RTO informing that there was no permit then the Insurance Company is liable to be discharged of liability.

In view of said facts this Court is of the opinion that the M.A.No.4412/2018 deserves to be allowed, award needs to be modified and it

is directed that Insurance Company shall pay the amount of compensation which it will be entitled to recover from the owner and driver of the offending vehicle bearing No.MP18P0149.

Signature Not Verified SAN As far as M.A.No.102/2015 is concerned, there is no illegality in the

Digitally signed by SARSWATI MEHRA Date: 2022.07.09 12:10:23 IST impugned award calling for any interference.

Therefore, M.A.No.102/2015 fails and dismissed and M.A.No.4412/2018 is allowed in above terms.

(VIVEK AGARWAL) JUDGE sm

Signature Not Verified SAN

Digitally signed by SARSWATI MEHRA Date: 2022.07.09 12:10:23 IST