Madhya Pradesh High Court
Umesh Thakur vs Smt. Vimla Bai on 14 February, 2023
Author: Gurpal Singh Ahluwalia
1 M.A. No.2378/2015
IN THE HIGH COURT OF MADHYA PRADESH
AT J A B A L P U R
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 14th OF FEBRUARY, 2023
MISC. APPEAL No. 2378 of 2015
BETWEEN:-
UMESH THAKUR S/O
SHRI VINOD KUMAR
THAKUR, AGED ABOUT
42 YEARS, VILL. GHUTAS
P.S. AND TEH. BICHHIYA
DISTT. MANDLA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI SUSHIL KUMAR SHARMA - ADVOCATE)
AND
1 SMT. VIMLA BAI W/O
. LATE SHRI
CHHATRAPAL SINGH
MARAVI, AGED
ABOUT 22 YEARS,
VILL. HARRABHAT
P.S. AND TEH.
BICHHIYA DISTT.
MANDLA (MADHYA
PRADESH)
2 OMPRAKASH S/O
. LATE CHHATRAPAL,
AGED ABOUT 4
YEARS,
OCCUPATION: MINOR
THROUGH ITS
GURARDIANS SMT
VIMLA BAI W/O LATE
CHHATRAPAL SINGH
VILL. HARRABHAT,
PS. AND TEHSIL
BICHHIYA DIST.
MANDLA (MADHYA
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 2/16/2023
10:45:10 AM
2 M.A. No.2378/2015
PRADESH)
3 MUGIYA BAI W/O
. ANAND SINGH
MARAVI, AGED
ABOUT 48 YEARS,
VILL. HARRABHAT,
PS. AND TEHSIL
BICHHIYA DIST.
MANDLA (MADHYA
PRADESH)
4 ANAND SINGH
. MARAVI S/O MOLU
SINGH MARAVI, AGED
ABOUT 50 YEARS,
VILL. HARRABHAT, PS.
AND TEHSIL
BICHHIYA DIST.
MANDLA (MADHYA
PRADESH)
5 BRANCH OFFICE
. NATIONAL INSURANCE
COMPANY LTD.
BRANCH OFFICE
SADAR BAZAR
MANDLA, P.S. AND
TEHSIL MANDLA
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS. AMRIT RUPRAH - ADVOCATE FOR RESPONDENT NO.5)
This appeal coming on for admission this day, the court passed the
following:
ORDER
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 2/16/2023
10:45:10 AM
This Miscellaneous Appeal, under section 173(1) of Motor
Vehicles Act, 1988, has been filed against the award dated 28.09.2015
passed by II Additional Motor Accident Claims Tribunal, Mandla
District Mandla in MACC No.530 of 2015, by which the Insurance
Company has been exonerated on the ground that no separate premium
for driver of the vehicle was paid.
2. The present appeal has been filed by owner of the vehicle. Since
the factual controversy lies in a narrow compass, therefore it is suffice to
mention here that the claim petition was filed by the claimant under
section 163-A of the Motor Vehicles Act, pleading interalia that the
deceased Chhatrapal was driving the vehicle bearing registration No.
M.P.51-0799, which turned upside down, as a result the driver of the
vehicle sustained injuries and ultimately he succumbed to those injuries.
3. After relying upon the Insurance Policy Ex.D-1, the Claims
Tribunal came to the conclusion that since no separate premium was
paid for the driver of the vehicle, therefore, there was no insurance of
the driver and thus, the Insurance Company is not liable to pay the
compensation amount.
4. Challenging the aforesaid finding recorded by the Claims Tribunal
it is submitted by the counsel for the appellant that the premium for third
party was paid and therefore, the driver of the vehicle can be treated as a
third party and to buttress his contention the counsel for the appellant
has relied upon the judgment passed by the High Court of Sikkim on
26th May, 2022 in MAC App.No.10 of 2019 (The Branch Manager,
The New India Assurance Co.Ltd Vs. Smt. Urmila Biswakarma &
others).
5. Per contra, the appeal is vehemently opposed by the counsel for
the respondent/Insurance Company. It is submitted that the driver of the
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 2/16/2023
10:45:10 AM
vehicle cannot be treated as a third party. No separate premium was paid
for the driver of the vehicle. Therefore, the Insurance Company has been
rightly exonerated by the Claims Tribunal.
6. Heard the learned counsel for the parties.
7. The accident in question took place in the year 2009. Section 147
(1)(b) (ii) (unamended) reads as under:-
"Provided that a policy shall not be required -
(i) to cover liability in respect of the death, arising
out of and in the course of his employment, of the
employee of a person insured by the policy or in
respect of bodily injury sustained by such an
employee arising out of and in the course of his
employment other than a liability arising under the
Workmen's Compensation Act, 1923 (8 of 1923) in
respect of the death of, or bodily injury to, any such
employee--
(a) engaged in driving the vehicle, or
(b) if it is a public service vehicle engaged as
conductor of the vehicle or in examining tickets on
the vehicle, or
(c) if it is goods carriage, being carried in the vehicle,
or
(ii) to cover any contractual liability."
8. The driver of the vehicle was undisputedly an employee of the
appellant. Thus, according to section 147 (1)(b) (ii) (unamended), it is
clear that no policy was required at the relevant time. Under these
circumstances, this Court is of the considered opinion that the Claims
Tribunal has exonerated the Insurance Company in ignorance of the
provisions of section 147(1)(b)(ii) proviso(unamended). Accordingly,
the exoneration of the Insurance Company by the Claims Tribunal is set
aside. It is held that the Insurance Company is jointly and severally
responsible with owner to pay the compensation amount to the claimant.
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 2/16/2023
10:45:10 AM
9. With aforesaid modification the award dated 28.09.2015 passed
by II Additional Motor Accident Claims Tribunal, Mandla District
Mandla in MACC No.530 of 2015 is hereby affirmed.
10. The appeal succeed and is hereby allowed.
(G.S. AHLUWALIA)
JUDGE
tarun
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 2/16/2023
10:45:10 AM
