Madhya Pradesh High Court
National Insurance Co. Ltd. vs Divyansh ( Minor ) on 22 December, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 22 nd OF DECEMBER, 2023
MISC. APPEAL No. 3443 of 2013
BETWEEN:-
NATIONAL INSURANCE CO.LTD. TH:BRANCH
MANAGER, OFFICE 20 PANDHANA ROAD, KHANDWA
TH:THE DIVISIONAL MANAGER, DO-1 JABALPUR
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI N.P.S. RUPRAH - ADVOCATE)
AND
1. SMT. SANGEETA W/O LATE RAJESH GARWAL,
AGED ABOUT 30 YEARS, H.NO.10 LAOUR COLONY
LALBAG, DISTT. BURHANPUR (MADHYA
PRADESH)
2. DIVYANSH S/O LATE RAJESH GARWAL, AGED
ABOUT 5 YEARS, OCCUPATION: MINORS
THROUGH NATURAL GUARDIAN MOTHER
SMT.SANGEETA GARWAL H.NO. 10, LABOUR
COLONY, LALBAG, P.S. LALBAG DISTT.
BURHANPUR, M.P. (MADHYA PRADESH)
3. KU. RAJESHWARI D/O LATE RAJESH GARWAL,
AGED ABOUT 1 YEARS, OCCUPATION: MINORS
THROUGH NATURAL GUARDIAN MOTHER
SMT.SANGEETA GARWAL H.NO. 10, LABOUR
COLONY, LALBAG, P.S. LALBAG DISTT.
BURHANPUR, M.P. (MADHYA PRADESH)
4. OMKARLAL GARWAL S/O DHANNA LAL GARWAL,
AGED ABOUT 72 YEARS, H.NO. 10, LABOUR
COLONY, LALBAG, P.S. LALBAG DISTT.
BURHANPUR, M.P. (MADHYA PRADESH)
5. SHAKUNTALA W/O OMKARLAL GARWAL, AGED
ABOUT 63 YEARS, H.NO. 10 LABOUR COLONY,
LALBAG, P.S. LALBAG, DISTT BURHANPUR,M.P.
(MADHYA PRADESH)
Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 22-12-2023
19:32:41
2
6. PRATIBHA D/O OMKARLAL GARWAL, AGED
ABOUT 31 YEARS, H.NO. 10, LABOUR COLONY,
LALBAG, P.S. LALBAG DISTT. BURHANPUR, M.P.
(MADHYA PRADESH)
7. PANKAJ S/O HASMAT RAI AHUJA, AGED ABOUT
32 YEARS, OCCUPATION: DRIVER 198/2, VARIETY
COLONY, P.S. JUNI, INDORE,M.P. (MADHYA
PRADESH)
8. AMARLAL S/O DEVENDAS BADLANI 24/6
MANORAMA GANJ, P.S. PALASIA INDORE, M.P.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANAND SINGH - ADVOCATE FOR THE CLAIMANTS)
MISC. APPEAL No. 3444 of 2013
BETWEEN:-
NATIONAL INSURANCE CO. LTD. THR. BRANCH
MANAGER OFFICER. PANADHANA ROAD KHANDWA
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI N.P.S. RUPRAH - ADVOCATE)
AND
1. DIVYANSH ( MINOR ) S/O LATE RAJESH GRAWAL,
AGED ABOUT 5 YEARS, OCCUPATION: THR.
MOTHER AND NATURAL GUARDIAN SMT.
SANGEETA W/O RAJESH GARHAWAL H. NO. 10
LABOUR COLONY LALBAG P.S. LALBAG
(MADHYA PRADESH)
2. PANKAJ S/O HASMAT RAI AHUJA, AGED ABOUT
32 YEARS, OCCUPATION: DRIVER 198/2, VARIETY
COLONY, P.S. JUNI, INDORE,M.P. (MADHYA
PRADESH)
3. AMARLAL S/O DEVENDAS BADLANI 24/6
MANORAMA GANJ, P.S. PALASIA INDORE, M.P.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANAND SINGH - ADVOCATE FOR THE CLAIMANTS)
Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 22-12-2023
19:32:41
3
MISC. APPEAL No. 3445 of 2013
BETWEEN:-
NATIONAL INSURANCE CO.LTD. TH:BRANCH
MANAGER, OFFICE 20 PANDHANA ROAD, KHANDWA
TH:THE DIVISIONAL MANAGER, DO-1 JABALPUR
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI N.P.S. RUPRAH - ADVOCATE)
AND
1. SMT. SANGEETA W/O LATE RAJESH GARWAL,
AGED ABOUT 30 YEARS, OCCUPATION:
TAILORING KNITTING H.NO.10 LABOUR COLONY
LALBAG P.S. LALBAG DISTT. BURHANPUR
(MADHYA PRADESH)
2. PANKAJ S/O HASMAT RAI AHUJA, AGED ABOUT
32 YEARS, OCCUPATION: DRIVER 198/2, VARIETY
COLONY, P.S. JUNI, INDORE,M.P. (MADHYA
PRADESH)
3. AMARLAL S/O DEVENDAS BADLANI 24/6
MANORAMA GANJ, P.S. PALASIA INDORE, M.P.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANAND SINGH - ADVOCATE FOR THE CLAIMANTS)
These appeals coming on for admission this day, the court passed the
following:
ORDER
These appeals are filed by the insurance company being aggrieved of
award dated 20.09.2013 passed by learned Motor Accident Claims Tribunal,
Burhanpur in Claim Cases No.31/2013, 32/2013 and 33/2013.
These appeals have been filed on the two grounds namely, there was
breach of permit as is discussed in para 13 of the award yet order of pay and
recover has not been passed and, secondly, penal interest has been imposed
which is against the law laid by Hon'ble Supreme Court in case of National
Insurance Co. Ltd. Vs. Keshav Bahadur and Others, (2004) 2 SCC 370.
Shri Anand Singh, learned counsel for the claimants.
None for the owner driver of the offending vehicle despite service of
notice.
I have perused the impugned award, in para 13, it has come on record
that permit for offending vehicle MP 09 SK 0057 expired on 05.09.2011. It's
renewal of made on 13.12.2012, whereas accident took place on 25.11.2012.
Thus, in the light of the law down by the Constitution Bench judgment of the
Kerala High Court in the case of Pareed Pillai versus Oriental Insurance
Company Limited 2018 SCC OnLine Kerala 3543,, there being breach of
permit will amount to breach of policy and, therefore, award should have been
that of pay and recover and, the whole liability should not have been fastened
on the shoulders of the insurance company.
Secondly, Tribunal has awarded 9% interest in case of default of
payment of compensation within a period of 45 days. It has not awarded any
interest on the awarded amount. Thus, it is evident that learned Tribunal has
failed to appreciate the law on the subject of award of interest. Award of 9%
interest cannot be said to be penal in nature, therefore, that also needs to be
modified.
Accordingly, impugned award is modified. It is directed that insurance
company will satisfy the award and will be entitled to recover it from the owner
of the offending vehicle.
As far as interest is concerned, award of interest at the rate of 9% from
the date of expiry of 45 days of the passing of the award is modified and it is
directed that interest will be payable at the rate of 6% from the date of filing of
the claim petition till the date of actual payment.
Other terms and conditions of the award shall remain intact.
In above terms, all these appeals are disposed of.
Record of the Tribunal be sent back.
(VIVEK AGARWAL)
JUDGE
Tabish
