Madhya Pradesh High Court
Reliance General Ins. Co. Ltd. vs Bewa Shyamkali Sahu on 31 January, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 31 st OF JANUARY, 2023
MISC. APPEAL No. 447 of 2012
BETWEEN:-
1. WIDOW SHYAMKALI W/O LATE SURESH SAHU,
AGED ABOUT 21 YEARS, VILL. DOL, P.S.
SIRMOUR, DISTT. REWA (MADHYA PRADESH)
2. MOLAI SAHU S/O SHRI MALU SAHU, AGED ABOUT
50 YEARS, P.S. CITY KOTWALI, SATNA, M.P.
(MADHYA PRADESH)
3. SMT. MADHUWAN SAHU W/O SHRI MOLAI SAHU,
AGED ABOUT 50 YEARS, P.S. CITY KOTWALI,
SATNA, M.P. (MADHYA PRADESH)
4. VISHNU SAHU S/O LATE SHRI SURESH SAHU,
AGED ABOUT 2 YEARS, OCCUPATION: THROUGH
NATURAL GUARDIAN APPELLANT NO. 1 P.S. CITY
KOTWALI, SATNA, M.P. (MADHYA PRADESH)
5. RAKESH SAHU S/O SHRI MOLAI SAHU, AGED
ABOUT 17 YEARS, OCCUPATION: THROUGH
NATURAL GUARDIAN APPELLANT NO. 1 P.S. CITY
KOTWALI, SATNA, M.P. (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI ARUBENDRA SINGH PARIHAR - ADVOCATE)
AND
1. MANOJBHAI D. KANERIYA PATEL PAPER MILL,
COMPOUND GANGADHAR CHAAR RASTA
TALLUKA PALSANA, DISTT. SOORAT (GUJARAT)
2. RELIANCE GENERAL INSURANCE CO.LTD. WEST
MUMBAI 400031 (GUJARAT)
.....RESPONDENTS
(SHRI ROHIT JAIN - ADVOCATE FOR RESPONDENT NO. 2)
Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 2/1/2023
10:56:43 AM
2
MISC. APPEAL No. 544 of 2012
BETWEEN:-
RELIANCE GENERAL INS. CO. LTD. RECTIFIER HOUSE
NAMGAUM CROSS RAOD BADALA WEST MUMBAI
.....APPELLANT
(BY SHRI ROHIT JAIN - ADVOCATE)
AND
1. BEWA SHYAMKALI SAHU W/O LT. SURESH SAHU,
AGED ABOUT 21 YEARS, OCCUPATION: HOUSE
WIFE DHAWARI MOHALLA PAHALA MAIDAN
SAHUL MOHALLA SATNA (MADHYA PRADESH)
2. MOLAI SAHU S/O SHRI MALU SAHU, AGED ABOUT
50 YEARS, OCCUPATION: LABOURER POLICE
STATION KOTWALI, SATNA, M.P. (MADHYA
PRADESH)
3. SMT. MADHUVAN SAHU W/O SHRI MOLAI SAHU,
AGED ABOUT 50 YEARS, OCCUPATION:
HOUSEWIFE POLICE STATION KOTWALI, SATNA,
M.P. (MADHYA PRADESH)
4. VISHNU SAHU S/O LATE. SURESH SAHU, AGED
ABOUT 2 YEARS, OCCUPATION: THROUGH
NATURAL GUARDIAN MOTHER BEWA
SHYAMKALI SAHU POLICE STATION KOTWALI,
SATNA, M.P. (MADHYA PRADESH)
5. RAKESH SAHU S/O SHRI MOLAI SAHU, AGED
ABOUT 17 YEARS, OCCUPATION: LABOURER,
THROUGH NATURL GUARDIAN FATHE SHRI
MULAI SHAU POLICE STATION KOTWALI, SATNA,
M.P. (MADHYA PRADESH)
6. MANOJ BHAI D. KANERIA PATEL OCCUPATION:
PAPER MILL CHAR RASTA TALLUKA PALSANA,
DISTT. SURAT (GUJRAT) (GUJARAT)
.....RESPONDENTS
(SHRI ARUBENDRA SINGH PARIHAR - ADVOCATE FOR RESPONDENT
NOS. 1 TO 5)
These appeals coming on for orders this day, th e court passed the
following:
Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 2/1/2023
10:56:43 AM
3
ORDER
Heard on I.A. No. 3033/2012 an application for condonation of delay in
M.A. No. 544/2012.
On due consideration, I.A. No. 3033/2012 is allowed.
The delay in filing the appeal is condoned.
The appeal filed by the claimants was already allowed vide order dated
20th September, 2022 in the light of law laid down by the Supreme Court in
Saberabibi Yakubbhai Shaikh and others Vs. National Insurance
Company Ltd. and others (2014) 2 SCC 298.
However, it was pointed out later on that appeal of the Insurance
Company was not clubbed though orders were passed in presence of learned
counsel for the respondents in the appeal filed by the claimants.
Today, appeal filed by the Insurance Company is also listed. Shri Rohit
Jain, learned counsel for the Insurance Company reading from the award dated
24/10/2011 submits that the evidence which has come on record is that it was a
dispute between the cleaner and the Driver on exchange of money which
resulted in murder of Driver Suresh Sahu. Therefore, this case will not be
covered by the law laid down by the Supreme Court in Rita Devi (Smt.) and
others Vs. New India Assurance Company Limited and another (2000) 5
SCC 113.
Shri Arubendra Singh Parihar, learned counsel for the claimants supports
the award and submits that no indulgence is required except for the
modification which was allowed by this court in the appeal filed by the
claimants, inasmuch as the statutory rate of interest was not awarded by the
learned Claims Tribunal.
I have gone through the pleadings and the judgment of Rita Devi
Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 2/1/2023
10:56:43 AM
(supra). In para 10, the Hon'ble Supreme Court has distinguished the "murder"
which is an accident and "murder" which is not an accident. It is held that it
depends that whether a murder is an accident or not on the proximity of the
cause of such murder. If the dominant intention of the Act of felony is to kill
any particular person, then such killing is not an accidental murder but is a
murder simpliciter, while if the cause of murder or the act of murder was
originally not intended and the same was caused in furtherance of any other
felonious act, then such murder is an accidental murder.
In the present case, it is argued by Shri Rohit Jain that as per the evidence
of Kamleshwar Prasad who had travelled on the said trailor with the deceased
and the cleaner 10 kms. prior to the destination, before starting from Surat, a
dispute had occurred on exchange of money between Driver Suresh Sahu and
the cleaner. Dead body of Suresh Sahu was found over the bags filled with
sand on 12/03/2008.
It is submitted that in view of such facts that it was infact a case of
altercation between the cleaner and the Driver which resulted in death of Driver
Suresh Sahu, it will not be considered to be a murder having connotations of an
accident but will be a murder which cannot be construed to be an accident in
terms of judgment of Supreme Court in the case of Rita Devi (supra).
It is submitted that since there is no act of felony, therefore, it will not be
a case of murder due to an accident and, thus, the Insurance Company should
be exonerated.
When Shri Rohit Jain is asked to explain that whether any evidence was
led by the Insurance Company to show that whether cleaner was arrested, he
was convicted for the offence and whether any motive was attached to the said
Signature Not Verified
cleaner and whether any panchnama was prepared to show that there was no
Signed by: VAIBHAV
YEOLEKAR
Signing time: 2/1/2023
10:56:43 AM
loot or no angle of snatching money which resulted in the death of Driver
Suresh Sahu, he fairly admits that the Insurance Company did not lead such
evidence.
As per new Oxford Advanced Learner's Dictionary, VII th Edition
published by Oxford University Press, 'Felony' is defined as a noun, the act of
committing a serious crime such as murder or rape ; a crime of this type : a
charge of felony.
Thus, it is evident that 'Felony' means committing a serious crime such as
murder or rape. As per the judgment of the Supreme Court in Rita Devi
(supra), unless it is brought on record by leading cogent evidence that there was
no loot and the intention was simpliciter to put end to the life of Driver Suresh
Sahu and it was not an incident occurring out of an act of loot or altercation,
then it cannot be treated as accident but for that, evidence was required to be
led by the Insurance Company for which they could have produced Japti
Panchnama (seizure memo), lash panchayatnama and other such material to
show that orders of conviction etc. of the so called cleaner whose name has not
been disclosed in the evidence of Kamleshwar Sahu, though he admits that all
the three were travelling from Surat to Mumbai.
In the absence of any such material, the death of Driver even if statement
of Kamleshwar Sahu is accepted will be an accidental death because intention
of the cleaner as attributed by Kamleshwar Sahu was to take money from Driver
Suresh Sahu and not to simply put an end to his life. Therefore, even in the
light of law laid down in Rita Devi (supra), this appeal for the failure of the
Insurance Company to bring on record cogent material to distinguish murder
simpliciter and the murder occurring out of an accident, deserves to be
Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 2/1/2023
10:56:43 AM
dismissed and is dismissed.
Accordingly, the earlier order passed in claimants' appeal on 20/09/2022
shall stand restored to its original place.
In above terms, the appeal and counter appeal are disposed of.
(VIVEK AGARWAL)
JUDGE
vy
Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 2/1/2023
10:56:43 AM
