Sudha Dwivedi vs Ram Prakash Dahiya
2023 Latest Caselaw 3961 MP

                                                     1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                  BEFORE
                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 14 th OF MARCH, 2023
                                           MISC. APPEAL No. 3511 of 2012

                         BETWEEN:-
                         SUDHA DWIVEDI W/O SHRI RAKESH KUMAR DWIVEDI,
                         AGED ABOUT 42 YEARS, OCCUPATION: VILL. IN FRONT
                         OF NAGAR PALIKA PANCHAYAT OPP. OF GALLA MANDI
                         GOVINDGARH P.S. GOVINDGARH TAH. HUZUR, DISTT.
                         REWA (MADHYA PRADESH)

                                                                              .....APPELLANT
                         (BY SHRI Y.P.SHARMA - ADVOCATE)

                         AND
                         1.    RAM PRAKASH DAHIYA S/O SHRI VANSHROOP
                               DAHIYA, AGED ABOUT 40 YEARS, OCCUPATION:
                               LABOUR VILL. AND POST MADWA P.S.
                               GOVINDGARH, TAH. HUZUR, DISTT. REWA
                               (MADHYA PRADESH)

                         2.    DEEPAK KUMAR BAHELIYA S/O RAMESH KUMAR
                               BAHELIYA, AGED ABOUT 25 YEARS, IN FRONT OF
                               PUSHPRAJ HIGHER SEC. SCHOOL,GOVINDGARH
                               BASTI  TAHSIL HUZUR,      REWA (MADHYA
                               PRADESH)

                         3.    RELIANCE GENERAL INSURANCE COMP. LTD,
                               CROSS ROAD WADALA(W) MUMBAI 40031
                               (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                         (INSURANCE COMPANY BY SHRI T.S.LAMBA - ADVOCATE)

                                           MISC. APPEAL No. 3513 of 2012

                         BETWEEN:-
                         SUDHA DWIVEDI W/O SHRI RAKESH KUMAR DWIVEDI,
                         AGED ABOUT 42 YEARS, IN FRONT OF NAGAR PALIKA
                         PANCHAYAT, OPP. OF GALLA MANDI GOVINDGARH,
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
3/14/2023 6:24:43 PM
                                                                2
                         REWA (MADHYA PRADESH)

                                                                                      .....PETITIONER
                         (BY SHRI Y.P.SHARMA - ADVOCATE)

                         AND
                         1.    BHAGWAT PATEL S/O SHRI BENI MADHAV PATEL,
                               AGED ABOUT 32 YEARS, OCCUPATION: DRIVER
                               VILL. AND POST MADWA, P.S. GOVINDGARH,
                               TAHSIL HUZUR, REWA (MADHYA PRADESH)

                         2.    DEEPAK KUMAR BAHELIYA S/O RAMESH KUMAR
                               BAHELIYA, AGED ABOUT 25 YEARS, IN FRONT OF
                               PUSHPRAJ HIGHER SEC. SCHOOL,GOVINDGARH
                               BASTI  TAHSIL HUZUR,      REWA (MADHYA
                               PRADESH)

                         3.    RELIANCE GENERAL INSURANCE COMP. LTD,
                               CROSS ROAD WADALA(W) MUMBAI 40031
                               (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                         (INSURANCE COMPANY BY SHRI T.S.LAMBA - ADVOCATE)

                               These appeals coming on for orders this day, th e court passed the
                         following:
                                                               ORDER

These appeals are filed by the Owner of the Offending Jeep bearing registration No.MP-17A-4625 being aggrieved of award dated 17.9.2012 passed by the 1st Additional Member to the Court of 1st Additional Motor Accident Claims Tribunal, Rewa in Claim Case No.171/2011 & Claim Case No.172/2011 exonerating the Insurance Company on the ground that the Offending Vehicle which met with an accident on 20.5.2009 and which was used for commercial purpose for carrying the passengers on hire and reward, was not having the permit on the date of the accident.

Learned counsel for the appellant submits that exoneration of the Insurance Company is illegal and atleast the direction should have been to Pay Signature Not Verified Signed by: AMIT JAIN Signing time:

3/14/2023 6:24:43 PM

& Recover the compensation.

The issue of lack of permit is already well settled by the Constitution Bench of the Kerala High Court in Pareed Pillai versus Oriental Insurance Company Limited 2018 SCC OnLine Ker 3543 as well as the Division Bench Judgment of this Hon'ble High Court in Ram Sujan Tiwari versus Sita Gupta & Others 2009 A.C.J 437 wherein it is held that since the vehicle was driven on the route for which permit was not granted and hence it contravened the condition of the permit and in such circumstances, the Insurance Company cannot be held liable to pay compensation.

Keeping in view the aforesaid pronouncement of law rendered by the Constitution Bench of the Kerala High Court in Pareed Pillai versus Oriental Insurance Company Limited (supra) as well as the Division Bench Judgment of this Hon'ble High Court in Ram Sujan Tiwari versus Sita Gupta & Others (supra) so also as there is evidence of Shri R.P.Chaturvedi S/o. Late Shri R.S.Chaturvedi, Accountant in the Office of R.T.O, who was looking after the work of permit in the R.T.O. at Rewa, these appeals are devoid of merits as for violation of the permit condition, exoneration of the Insurance Company cannot be said to be illegal or arbitrary in the light of the law laid down by the Constitution Bench of the Kerala High Court in Pareed Pillai versus Oriental Insurance Company Limited (supra) as well as the Division Bench

Judgment of this Hon'ble High Court in Ram Sujan Tiwari versus Sita Gupta & Others (supra).

Accordingly, these appeals fail and are dismissed. Let record of the Claims Tribunal be sent back.

Signature Not Verified Signed by: AMIT JAIN Signing time:

3/14/2023 6:24:43 PM

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

3/14/2023 6:24:43 PM