National Insurance Company Ltd. vs Smt. Krishna Devi
2022 Latest Caselaw 9747 MP

                                                                  1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                           ON THE 15th OF JULY, 2022

                                                        MISC. APPEAL No. 643 of 2022

                                            Between:-
                                            NATIONAL INSURANCE       COMPANY LTD.
                                            THROUGH     ITS   DIVISIONAL     MANAGER
                                            NATIONAL INSURANCE       COMPANY LTD.
                                            DIVISIONAL OFFICE TP HUB DO-1 VIJAY NAGAR
                                            UKHRI ROAD JABALPUR M.P. (MADHYA
                                            PRADESH)

                                                                                          .....APPELLANT
                                            (BY SHRI SHRESH AGRAWAL, ADVOCATE)

                                            AND

                                       1.   SMT. KRISHNA DEVI W/O LATE SHRI
                                            DHARAMPAL SINGH , AGED ABOUT 54 YEARS,
                                            OCCUPATION: NIL R/O H.NO. 1092 POLICE LINE
                                            POLICE STATION CIVIL LINES TAHSIL AND
                                            DISTRICT JABALPUR M.P. (MADHYA PRADESH)

                                       2.   KU. ANITA VISHWAKARMA D/O LATE SHRI
                                            DHARAMPAL SINGH , AGED ABOUT 23 YEARS,
                                            OCCUPATION: NIL R/O H. NO. 1092 POLICE LINE
                                            PS CIVIL LINES TAHSIL AND DISTRICT
                                            JABALPUR M.P. (MADHYA PRADESH)

                                       3.   SMT. RITU VISHWAKARMA D/O LATE SHRI
                                            DHARAMPAL SINGH , AGED ABOUT 25 YEARS,
                                            OCCUPATION: NIL R/O H. NO. 1092 POLICE LINE
                                            PS CIVIL LINES TAHSIL AND DISTRICT
                                            JABALPUR M.P. (MADHYA PRADESH)

                                       4.   NAVEEN VISHWAKARMA S/O LATE SHRI
                                            DHARAMPAL SINGH , AGED ABOUT 28 YEARS,
                                            OCCUPATION: NIL R/O H. NO. 1092 POLICE LINE
                                            PS CIVIL LINES TAHSIL AND DISTRICT
                                            JABALPUR M.P. (MADHYA PRADESH)
Signature Not Verified
  SAN
                                       5.   SUJEET KUMAR KEWAT S/O SHRI SUNIL
                                            K E W A T R/O MUNICIPAL CORPORATION
Digitally signed by MOHD TABISH KHAN
Date: 2022.07.21 16:53:33 IST               QUARTERS       BEHIND       MUNICIPAL
                                            CORPORATION OFFICE PS OMTI TEHSIL AND
                                                                     2
                                               DISTRICT JABALPUR M.P. (MADHYA PRADESH)

                                       6.      COMMISSIONER MUNICIPAL CORPORATION
                                               OFFICE  OF     MUNICIPAL  CORPORATION
                                               JABALPUR M.P. (MADHYA PRADESH)

                                                                                                      .....RESPONDENTS
                                               (BY SHRI RAVISH KUMAR DEOLIA, RESPONDENT NO.1 TO 4)

                                             This appeal coming on for hearing on admission this day, th e court
                                       passed the following:
                                                                            ORDER

This appeal is filed by the Insurance Company being aggrieved of award

dated 07.10.2021 passed by learned 3r d Additional Motor Accident Claims Tribunal, Jabalpur in Claim Case No.3819/2018 on a singular ground that the

offending vehicle with which accident took place i.e. Tanker No. MP.20 GA 6807 was not having permit and fitness to ply said vehicle, therefore, Insurance Company should have been exonerated.

Shri Ravish Kumar Devalio, learned counsel for the claimants, in his turn, submits that Tribunal has already dealt with the issue in great details. Officer from the Regional Transport Office was examined before the learned Tribunal and said Officer namely Shri Dheeraj Khare NAW-1 deposed that he was working as Assistant Grade-3 in the Office of RTO, Jabalpur and was present in the Court along with records of Vehicle No.M.P.20 GA 6807 and according to the provisions contained in Section 66(3)(b) of the Motor Vehicle Act, permit was exempted.

Similarly, Insurance Company had examined its Administrative Officer, he admitted that at the time of insuring the vehicle he had no idea as to whether

Signature Not Verified SAN fitness certificate, permit etc. were sought from the insured or not.

Digitally signed by MOHD TABISH KHAN Date: 2022.07.21 16:53:33 IST These two facts have been taken into consideration cumulatively by the

learned Tribunal and placing reliance on the judgment of M.P. High Court in case of Oriental Insurance Co. Ltd. Vs. Manoj and others, 2014(1)SCCD 174 (MP). It is mentioned that unless there is mention of requirement of fitness in the Insurance Policy, Insurance Company cannot be exonerated from its liability.

When these facts are taken into consideration then it is evident that as per the provisions contained in Section 66(3)(b) of the Motor Vehicle Act, 1988 offending vehicle being owned by a statutory local authority was not required to possess a permit i.e. it was exempted from having a permit. As far as, issue of fitness is concerned, Officer of the Insurance Company though examined could not demonstrate from records that there was any condition of fitness provided in the Insurance Policy and that has been violated by the insured.

Thus, in the opinion of this Court when law laid down in the case of Oriental Insurance Co. Ltd. (supra) is taken into consideration, then impugned award cannot be faulted with calling for any interference.

Accordingly, appeal fails and is dismissed.

Record of the Claims Tribunal be sent back.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2022.07.21 16:53:33 IST