National Insurance Co.Ltd. vs Chetulal Vishwakarma
2022 Latest Caselaw 13496 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. 2479 of 2015

                                        BETWEEN:-
                                        NATIONAL INSURANCE CO.LTD. THROUGH
                                        DIVISIONAL MANAGER DIVISIONAL OFFICE
                                        495 MARHATAL JABALPUR BRANCH OFFICE
                                        SADAR BAZAR MANDLA TEH. AND DIST.
                                        MANDLA (MADHYA PRADESH)

                                                                                            .....PETITIONER
                                        (BY SHRI V.K.TRIVEDI, ADVOCATE)

                                        AND
                                1.      CHETULAL VISHWAKARMA S/O MAHESH LAL
                                        VISHWAKARMA, AGED ABOUT 19 YEARS, VILL.
                                        BAHERA TOLA TEH. BICCHIYA (MADHYA
                                        PRADESH)

                                2.      RAJENDRA KUMAR S/O VIPATLAL PATAL,
                                        AGED ABOUT 35 YEARS, OCCUPATION: NONE
                                        SARDAR PATEL WARD, DHARAMKANTA,
                                        (MADHYA PRADESH)

                                3.      ANOOP KUMAR CHOURASIYA S/O M.P.
                                        CHOURASIYA OCCUPATION: NONE SHAID
                                        UDAYCHAND WARD, MANDLA (MADHYA
                                        PRADESH)

                                                                                         .....RESPONDENTS
                                        (RESPONDENT/CLAIMANT BY SHRI KAPIL PATWARDHAN,
                                        ADVOCATE)

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

Signature Not Verified SAN This appeal is filed by the Insurance Company being aggrieved of award

Digitally signed by AMIT JAIN dated 3.9.2015 passed by learned II Additional Motor Accident Claims Date: 2022.10.14 19:48:24 IST

Tribunal, Mandla in Claim Case No.497/2015 on the sole ground that there is

breach of permit and, therefore, the Insurance Company should have been exonerated instead of fastening liability on the Insurance Company jointly and severally alongwith owner & driver of the offending vehicle.

Learned counsel for the respondent/claimant in his turn places reliance on the judgment of National Insurance Company Limited versus Chella Bharathamma & Others 2004 ACJ 2094 (SC) wherein it is held that when vehicle is plying without permit then it is an infraction of the Insurance Policy and that defence is available to the insurer under Section 149(2) of the Motor Vehicles Act, 1988.

Learned counsel for the appellant submits that in the present case, the

Insurance Company examined the concerned official from the Regional Transport Office, who had proved the absence of requisite permit and, therefore, in the light of the law laid down by the Apex Court in National Insurance Company Limited versus Chella Bharathamma & Others (supra), the Insurance Company is well within its right to raise a plea of violation of the Insurance Policy.

However, keeping in view the pronouncement of law laid down by Hon'ble the Supreme Court in Pappu & Others versus Vinod Kumar Lamba & Another 2018 (4) M.P.L.J 488, it is directed that the Insurance Company shall pay the amount of compensation as awarded by the Claims Tribunal to the claimant and then recover it from the owner and driver of the offending vehicle.

In above terms, this appeal is disposed of. Let record of the Claims Tribunal be sent back. Signature Not Verified SAN

Digitally signed by AMIT JAIN Date: 2022.10.14 19:48:24 IST

(VIVEK AGARWAL)

JUDGE amit

Signature Not Verified SAN

Digitally signed by AMIT JAIN Date: 2022.10.14 19:48:24 IST