Branch Manager National ... vs Hardas
2023 Latest Caselaw 8469 MP

                                                                       1
                                        IN    THE      HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                             ON THE 13 th OF JUNE, 2023
                                                           MISC. APPEAL No. 1954 of 2020

                                       BETWEEN:-
                                       BRANCH MANAGER NATIONAL INSURANCE CO.LTD.
                                       THR. DY. MANAGER NATIONAL INSURANCE CO. LTD.
                                       BRANCH OFFICE CIVIL LINES DATIA THR. R/O TP HUB
                                       JABALPUR (MADHYA PRADESH)

                                                                                                   .....APPELLANT
                                       (BY SHRI TAKMEEL NASIR - ADVOCATE)

                                       AND
                                       1.    HARDAS S/O LACHCHU AADIVAASI, AGED ABOUT
                                             32 YEARS, VILLAGE VIRAURA KHET TEHSIL
                                             PRITHVIPUR DISTT. TIKAMGARH (MADHYA
                                             PRADESH)

                                       2.    DAYARAM KEWAT S/O PUKHKHAN KEWAT, AGED
                                             ABOUT    30  YEARS, OCCUPATION: VEHICLE
                                             DRIVER R/O VILLAGE BHAMORI, P.S.DIGODA,
                                             TAHSIL JATARA (MADHYA PRADESH)

                                       3.    BABULAL DHEEMAR S/O SHIVLAL DHEEMAR,
                                             AGED ABOUT 40 YEARS, R/O VILLAGE BHAMORI,
                                             P.S.DIGODA,  TAHSIL    JATARA    (MADHYA
                                             PRADESH)

                                                                                                .....RESPONDENTS
                                       (SHRI SANDEEP KOSHTA - ADVOCATE FOR RESPONDENT NOS. 2 AND 3)

                                             T h is appeal coming on for orders this day, t h e cou rt passed the
                                       following:
                                                                        ORDER

Signature Not Verified SAN This appeal is filed by the Insurance Company being aggrieved of award

Digitally signed by VAIBHAV YEOLEKAR Date: 2023.06.15 10:58:07 IST dated 10/12/2019 passed by the learned Vth Additional Member, Motor

Accident Claims Tribunal in Claim Case No. 123/2017 on a singular ground that the Tribunal erred in directing the Insurance Company to pay the compensation and then recover it from the owner and driver of the offending vehicle.

It is submitted that this is contrary to the judgment of the Hon'ble Supreme Court in National Insurance Company Ltd. Vs. Challa Bharathamma and others 2004 ACJ 2094 wherein in para 12, the Hon'ble Supreme Court has held that since there was no permit, it was a case of infraction of terms and conditions of the policy and, therefore, the Insurance Company should have been exonerated.

There is no quarrel with this proposition but later on, looking to the fact

that the provisions contained in the Motor Vehicles Act are benevolent in nature, the Hon'ble Supreme Court in the case of Pappu and others Vs. Vinod Kumar Lamba and another (2018) 3 SCC 208 has held that the Insurance Company shall pay the compensation and will be entitled to recover the same from the owner and driver and that is what is precisely has been done by the Tribunal.

Therefore, there is no illegality in the impugned award calling for interference.

Accordingly, the appeal fails and is dismissed. Record of the Tribunal be sent back.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2023.06.15 10:58:07 IST