Madhya Pradesh High Court
Rammani Sahu vs Ramesh Kumar Sahu on 28 February, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 28 th OF FEBRUARY, 2023
MISCELLANEOUS APPEAL No. 3121 of 2021
BETWEEN:-
1. RAMMANI SAHU S/O SHRI MAHABALI SAHU,
AGED ABOUT 45 YEARS, OCCUPATION:
AGRICULTURIST BOTH ARE R/O WARD NO.3
MANIKWAR PS MANGAWA DISTRICT REWA
(MADHYA PRADESH)
2. RAJNEESH SAHU S/O SHRI RAMMANI SAHU,
AGED ABOUT 18 YEARS, OCCUPATION: STUDENT
R/O WARD NO.3, MANIKWAR, POLICE STATION
M A N G AWA , DISTRICT REWA (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI ALOK TIWARI - ADVOCATE)
AND
1. RAMESH KUMAR SAHU S/O SHRI GOVIND
PRASAD SAHU VILLAGE CHUA MAHAJAN TOLA
POST NEEGA PS GOVINDGARH TEHSIL HUZUR
DISTRICT REWA (MADHYA PRADESH) OWNER
MOTORCYCLE NO.MP17-ML-7844
2. SHRI RAJMANI SAHU S/O LATE SHRI
SWAMIDEEN SAHU, AGED ABOUT 44 YEARS,
OCCUPATION: DRIVER R/O VILLAGE CHUA
MAHAJAN TOLA, POST NEEGA POLICE STATION
GOVINDGARH TEHSIL HUZUR DISTT REWA
(MADHYA PRADESH) DRIVER MOTORCYCLE
NO.MP17-ML-7844
3. NATIONAL INSURANCE CO. LTD BRANCH OFFICE
R EWA SARDAR PATEL CHOURAHA NEAR NER
BUS STAND, DISTRICT REWA (MADHYA
Signature Not Verified
PRADESH) INSURANCE COMPANY MOTORCYCLE
NO.MP17-ML-7844
SAN
Digitally signed by PUSHPENDRA PATEL
Date: 2023.02.28 19:54:37 IST
.....RESPONDENTS
2
(SHRI NEERAJ ASHAR - ADVOCATE FOR THE RESPONDENTS NO.1 AND 2
AND SHRI D.N. SHUKLA - ADVOCATE FOR THE RESPONDENT NO.3-
INSURANCE COMPANY)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This miscellaneous appeal under Section 173(1) of the Motor Vehicles
Act, 1988 is filed by the claimants being aggrieved of award dated 27.02.2021
passed by the learned Second Additional Motor Accident Claims Tribunal,
Rewa (M.P.) in MACC No.400655/2015 (Rammani Sahu and others Vs.
Ramesh Kumar Sahu and others), whereby learned claims Tribunal has
directed that claimants will be entitled to receive only a sum of Rs.1,00,000/-
from the non applicant Insurance Company, namely, National Insurance
Company Ltd. and remaining amount of Rs.7,27,060/- will be recoverable from
the non-applicants No.1 and 2 i.e. the owner and driver of the offending vehicle
along with 6% interest from the date of filing of the claim petition till the date of
actual payment.
2. It is submitted by Shri Alok Tiwari, learned counsel for the claimants
that motorcycle was comprehensively insured. There is no breach of any terms
and conditions of the insurance policy yet arbitrarily learned Tribunal has
exonerated the insurance company overlooking the fact that vehicle was
comprehensively insured and deceased was a pillion rider.
3. It is submitted that in regard to issue No.2, a positive finding is recorded
by the Tribunal that the vehicle was not driven in violation of any of the terms
and conditions of the policy yet exonerated the insurance company on arbitrary
Signature Not Verified
SAN appreciation of evidence that insurance company had not received any premium
Digitally signed by PUSHPENDRA PATEL
Date: 2023.02.28 19:54:37 IST
for the pillion rider.
4. It is held that as per IMT-18 insurance for an unnamed passenger was
only to the extent of Rs.1,00,000/- and on such premises has awarded only a
sum of Rs.1,00,000/- against the insurance company and has directed the owner
driver of the offending vehicle to compensate the claimants to the extent of
remaining amount.
5. It is also submitted by Shri Alok Tiwari that claimant No.2 being son of
deceased Smt. Indrawati Sahu, is entitled for Loss of Parental Consortium in
the light of law laid down by the Supreme Court in United India Insurance
Co. Ltd. Vs. Satinder Kaur @ Satwinder Kaur, (2020) SCC Online 410 ,
and that too has not been awarded.
6. Shri D.N. Shukla, learned counsel for the insurance company supports
the award and submits that there was no separate package for the pillion rider.
7. Shri Neeraj Ashar, learned counsel for the respondents No.1 and 2
submits that there is an error apparent on the face of record, which needs to be
corrected.
8. After hearing learned counsel for the parties and going through the
record, it is evident that insurance policy in regard to the offending vehicle is
available on record. According to this policy, it is a comprehensive insurance
policy. On the top of the policy itself, it is mentioned that it is a comprehensive
package. When policy is comprehensive one then pillion rider will be treated as
a third party. All kinds of risks of a third party are covered in a comprehensive
policy. This aspect has been overlooked by the learned Claims Tribunal.
9. Shri Alok Tiwari has placed reliance on the judgment of the Chhattisgarh
High Court in case of Anand Kumar Sinha Vs. Navin Kumar Sinha,
Signature Not Verified
SAN
reported in (2017) AAC 717, wherein it is held that even if no extra premium
Digitally signed by PUSHPENDRA PATEL
Date: 2023.02.28 19:54:37 IST
was paid by the respondent No.1, once it was package policy, considering the
circular dated 16.11.2009 of IRDA, the risk of pillion rider is also covered.
Thus, the Tribunal has erred in law in exonerating the insurance company from
its liability and therefore, the order of exonerating the insurance company was
set aside.
10. Similarly, reliance is placed on the judgment of the Supreme Court in
National Insurance Company Ltd. Vs. Balakrishnan and another [Civil
Appeal No.8163 of 2012 (Arising out of S.L.P. (Civil) No.1232 of 2012),
decided on November 20, 2012], wherein Hon'ble Supreme Court quoting
IRDA circular dated 16.11.2009 has held that since this circular provides for
undertaking all third party risks, they will be covered in a package policy.
11. In view of such facts, impugned award passed by the Tribunal needs
to be modified in the following terms:-
(i) Owner, driving and insurer of the offending vehicle will be
jointly and severally liable to satisfy the complete award in respect
of the claimants.
(ii) They will also be liable to pay a sum of Rs.40,000/- for Loss
of Parental Consortium in relation to the claimant No.2 Rajneesh
Sahu, who lost his mother in the accident.
12. Thus, claimants will be entitled to a total sum of Rs.8,67,060/- (Rupees
Eight Lakhs, Sixty Seven thousands and Sixty only), which will also earn
interest at the rate of 6% per annum 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.
13. In above terms, this miscellaneous appeal is disposed of.
Signature Not Verified
SAN 14. Record of the Claims Tribunal be sent back.
Digitally signed by PUSHPENDRA PATEL
Date: 2023.02.28 19:54:37 IST
(VIVEK AGARWAL)
JUDGE
pp
Signature Not Verified
SAN
Digitally signed by PUSHPENDRA PATEL
Date: 2023.02.28 19:54:37 IST
