National Insurance Company ... vs Smt. Sampat Bai
2022 Latest Caselaw 13488 MP

                                                                1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                               BEFORE
                                                 HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                      ON THE 13th OF OCTOBER, 2022

                                                    MISC. APPEAL No. 3171 of 2019

                                        BETWEEN:-
                                        NATIONAL INSURANCE COMPANY LIMITED,
                                        NEAR SHIMLA HOTEL GUJRATI BAZAR, DISTT.
                                        SAGAR (MP), THR. MANAGER IN CHARGE,
                                        LEGAL HUB M.R. 4 ROAD, RAMESHWARAM
                                        VIJAY NAGAR, JABALPUR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                                        (BY SHRI GULAB SOHANE, ADVOCATE)

                                        AND
                                  1.    SMT. SAMPAT BAI W/O LATE MAHEEP SINGH
                                        THAKUR, AGED ABOUT 61 YEARS, R/O 215
                                        WARD NO.7, NEAR SERA HAR NANDRAI, DISTT.
                                        DAMOH AT PRESENT ADD VILLAGE SHAHPUR
                                        CHOUKI, SHAHPUR, P.S. SANOUDHA TEHSIL
                                        AND DISTT. SAGAR (MADHYA PRADESH)

                                  2.    RAGHURAJ SINGH S/O MAHEEP SINGH
                                        THAKUR, AGED ABOUT 35 YEARS, , R/O 215
                                        WARD NO.7, NEAR SERA HAR NANDRAI, DISTT.
                                        DAMOH AT PRESENT ADD VILLAGE SHAHPUR
                                        CHOUKI, SHAHPUR, P.S. SANOUDHA TEHSIL
                                        AND DISTT. SAGAR (MADHYA PRADESH)

                                  3.    BABULAL      RAJAK    S/O  PARSU   RAJAK
                                        OCCUPATION:      DRIVER,   M.CYCLE NO.MP-
                                        34M.G.-4002,  R/O    VILLAGE  BANSAKALA,
                                        PATHARIYA,     DISTRICT   DAMOH (MADHYA
                                        PRADESH)

                                  4.    LOKMAN       RAJAK,  S/O  PARSU    RAJAK
                                        OCCUPATION: OWNER, M.-CYCLE NO.MP-M.G.-
                                        4002, R/O - VILLAGE BANSAKALA, PATHARIYA
                                        DISTRICT DAMOH (MADHYA PRADESH)

Signature Not Verified
  SAN                                                                                   .....RESPONDENTS
                                        (NONE)
Digitally signed by TULSA SINGH
Date: 2022.10.18 19:15:31 IST

                                       This appeal coming on for hearing on this day, the court passed the
                                                                      2
                                  following:
                                                                       ORDER

This miscellaneous appeal is filed by the appellant/insurance company being aggrieved of award dated 19th February, 2019 passed in M.A.C.C. No.3900568/2016 by learned Additional Motor Accident Claims Tribunal, Sagar holding the non-applicants i.e. owner, driver and insurer of the offending vehicle M.P.34-MG-4002 to be jointly and severally liable to satisfy the award overlooking the fact that there was breach of driving license and on the date of accident i.e. 22/5/2016 offending vehicle was not having driving license to ply the offending vehicle, therefore, there was violation of terms and conditions of

the policy.

S h r i Sohane, learned counsel for the appellant/insurance company, submits that in this behalf evidence was led by insurance company examining one Narendra Raikwar.

I t has come on record that non-applicants No.1 and 2 i.e. owner and driver appeared before learned Claims Tribunal and filed their reply duly signed and verified by both the non-applicants but did not produce driving license on record. An application under Order 11 Rule 12 and 14 read with Order 1 Rule 10 of CPC was filed by the insurance company, reply to which was furnished by the claimants but no driving license was filed on behalf of the non-applicants No.1 and 2, therefore, since non-applicants No.1 and 2 failed to discharge their burden that driver of the offending vehicle was having valid driving license at the time of accident in question, insurance company should have been exonerated o r at best in light of the judgment of Hon'ble Supreme Court in the case of Signature Not Verified SAN

Pappu & Others Vs. Vinod Kumar Lamba & Another, (2018) 3 SCC 208, Digitally signed by TULSA SINGH

direction should have been to pay and recover. Date: 2022.10.18 19:15:31 IST

Nobody is appearing for the claimants.

But, after hearing learned counsel for the appellant and taking note of decision of this Court in the case of National Insurance Company Vs. Master Akash, MACD 2018 (4) MP page 1819 , since driving license is not available, therefore, plea of violation of policy is made out, thus, impugned award deserves to be modified and is hereby modified to the extent that it is directed that insurance company shall pay the compensation in favour of the claimants and shall be entitled to recover it from the owner, driver of the offending vehicle.

In above terms, this miscellaneous appeal is disposed of. Record of the Claims Tribunal be sent back immediately.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2022.10.18 19:15:31 IST