Madhya Pradesh High Court
Tundaram vs Gyan Singh on 9 August, 2023
Author: Sunita Yadav
1 MISC. APPEAL No. 89/2012 & MISC. APPEAL No. 268/2012
IN THE HIGH COURTOF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 9th OF AUGUST, 2023
MISC. APPEAL No. 89 of 2012
BETWEEN:-
GYAN SINGH S/O SARJEET SINGH, AGED ABOUT 28
YEARS, OCCUPATION: NIL R/O PERMANENT-DABRA,
GWALIOR, PRESENT-KUMHARPURA, MORAR,
GWALIOR (MADHYA PRADESH)
.....APPELLANT
(MR. R.P.GUPTA - ADVOCATE FOR APPELLANT)
AND
BHOOP SINGH JATAV S/O TUNDARAM, AGED
ABOUT 30 YEARS, OCCUPATION:
1.
DRIVER/TRACTOR R/O GRAM DONI THANA AND
POST CHINOR,GWALIOR (MADHYA PRADESH)
TUNDARAM, AGED ABOUT 53 YEARS,
OCCUPATION: VILL.DONI,THANA AND POST
2.
CHINOR,DISTT.GWALIOR GWALIOR (MADHYA
PRADESH)
THE UNITED INDIA INSURANCE COMPANY LTD.
TH: DIVIOSNAL MANAGER, OFFICE CENTER
3.
POINT COMPLEX, PHOOLBAGH LASHKAR,
GWALIOR GWALIRO (MADHYA PRADESH)
.....RESPONDENTS
(MR. SANJAY SINGH - ADVOCATE FOR RESPONDENT
Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 8/10/2023
10:53:55 AM
2 MISC. APPEAL No. 89/2012 & MISC. APPEAL No. 268/2012
NO. 2/OWNER & MR. ARVIND KUMAR AGRAWAL -
ADVOCATE FOR RESPONDENT/ INSURANCE
COMPANY)
MISC. APPEAL No. 268 of 2012
BETWEEN:-
TUNDARAM S/O SUMMERA, AGED ABOUT 53
YEARS, OCCUPATION: OWNER OF THE
1.
TRACTOR R/O VILL DAUNI,P.S. AND POST
CHINORE,GWALIOR (MADHYA PRADESH)
BHOOP SINGH JATAV S/O TUNDARAM , AGED
ABOUT 30 YEARS, OCCUPATION: DRIVER
2.
TACTOR VILL. DAUNI P.S.AND POST CHINORE,
DISTT. GWALIOR (MADHYA PRADESH)
.....APPELLANTS
(MR. SANJAY SINGH - ADVOCATE FOR APPELLANT
NO.1/OWNER)
AND
GYAN SINGH S/O SARJEET SINGH, AGED
ABOUT 28 YEARS, OCCUPATION: PRESENT
1.
NOTHING R/O DABRA,DISTT.GWALIOR
(MADHYA PRADESH)
THE UNITED INDIA INSURANCE COMPANY TH:
ITS DIVISIONAL MANAGER, OFFOCE AT
2.
CENTRE POINT COMPLEX PHOOLBAGH,
LASHKAR, GWALIRO (MADHYA PRADESH)
.....RESPONDENTS
(MR. ARVIND KUMAR AGRAWAL- ADVOCATE FOR
RESPONDENT NO.2/INSURANCE COMPANY)
This appeal coming on for hearing this day, the court passed
the following:
Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 8/10/2023
10:53:55 AM
3 MISC. APPEAL No. 89/2012 & MISC. APPEAL No. 268/2012
JUDGMENT
This judgment shall govern the disposal of appeals M.A.
Nos. 89 of 2012 and 268 of 2012 arising out of the same award.
For the sake of convenience, the facts mentioned in M.A. No. 89
of 2012 are taken into consideration.
2. Present miscellaneous appeal has been filed assailing the
award dated 29.09.2011 passed by Third Additional Motor
Accident Claims Tribunal, Gwalior (M.P.) in Claim Case No. 63
of 2011 filed by appellant/claimant - Gyan Singh on the ground
of injuries sustained by him in an accident occurred on 25.3.2009
involving offending tractor bearing registration No. MP
07/HA/1174. At the time of accident, respondent No. 1 was the
driver and respondent No. 2 was the owner of the offending
tractor and the tractor was insured with respondent No. 3 -
insurance company.
3. Respondent No. 1 and 2-driver and owner of the offending
Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 8/10/2023
10:53:55 AM
4 MISC. APPEAL No. 89/2012 & MISC. APPEAL No. 268/2012
vehicle respectively filed their written statements and denied the
allegations made in the claim petition and further stated that as
the tractor was insured with the insurance company, therefore,
insurance company is liable to pay the compensation.
4. Respondent No. 3-insurance company filed written
statement and denied the averments made in the claim petition
and took the defence that at the time of accident, the driver of the
offending vehicle did not have any valid and effective license,
therefore, insurance company is not liable to pay the
compensation.
5. The learned Claims Tribunal framed as many as five issues
and recorded the evidence adduced by the parties. After hearing
the arguments of both the parties and going through the evidence,
the learned Claims Tribunal partly allowed the claim application
filed by the claimant and awarded the compensation to the tune of
Rs.2,91,300/- which was directed to be paid by respondent Nos. 1
Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 8/10/2023
10:53:55 AM
5 MISC. APPEAL No. 89/2012 & MISC. APPEAL No. 268/2012
and 2 and exonerated the insurance company from the liability to
pay the compensation on the ground that at the time of accident
license of the driver of offending vehicle was not renewed.
6. Learned counsel for the appellant - claimant argued that in
the light of case law of National Insurance Company vs. Swarn
Singh, (AIR 2004 SC 1531), even when the license is found to be
fake, the insurance company is liable to pay the compensation
amount with liberty to recover it from the owner and driver of the
offending vehicle.
7. Learned counsel for respondent No. 3 - insurance company
supported the impugned award and prayed for rejection of the
appeal.
8. Learned counsel for respondent No. 2 - Owner of the
offending vehicle by filing M.A. No. 268 of 2012 argued that
learned claims tribunal has wrongly exonerated the insurance
company from liability to pay the compensation on the ground
Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 8/10/2023
10:53:55 AM
6 MISC. APPEAL No. 89/2012 & MISC. APPEAL No. 268/2012
that driver of the offending vehicle had not renewed the driving
license at the time of accident.
9. Heard learned counsel for the parties and perused the
record.
10. The perusal of the record reveals that at the time of
accident i.e. 25.03.2009, license of the driver of the offending
vehicle was valid upto 24.01.2006.
11. In view of the above, learned claim tribunal has rightly held
that the driver of the offending vehicle was not having valid
driving license at the time of accident. Therefore, keeping in view
the benevolent object of the Motor Vehicle Act, in the light of the
case of Swarn Singh (supra), affirming the findings given by the
Tribunal, it is hereby directed that the insurance company shall
pay the compensation amount within a period of three months
from today to the claimants with liberty to recover the same from
the owner and the driver of the offending vehicle, failing which,
Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 8/10/2023
10:53:55 AM
7 MISC. APPEAL No. 89/2012 & MISC. APPEAL No. 268/2012
the award amount shall carry interest @ 12 % per annum from
today till realization of the award. Rest of the conditions imposed
by the learned Claims Tribunal shall remain intact.
In M.A. No. 268 of 2012
12. In view of the findings given in M.A. No. 89 of 2012,
present Misc. Appeal stands dismissed.
13. A copy of this order be kept in connected M.A. No. 268 of
2012.
(Sunita Yadav)
Lj* Judge
Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 8/10/2023
10:53:55 AM
