Smt. Nirupan Agarwal vs The New India Assurance Company ...
2023 Latest Caselaw 7194 MP

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                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                             ON THE 3 rd OF MAY, 2023
                                          MISC. PETITION No. 2423 of 2023

                          BETWEEN:-
                          SMT. NIRUPAN AGARWAL W/O SHRI RAJKUMAR
                          AGARWAL, AGED ABOUT 50 YEARS, OCCUPATION:
                          HOUSEWIFE 37, MAYUR VIHAR COLONY DHOLI PYAU
                          MATHURA (UTTAR PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI ANAND BHARADWAJ - ADVOCATE)

                          AND
                          1.    THE NEW INDIA ASSURANCE COMPANY LTD.
                                THROUGH ITS AREA MANAGER R/O 87, BYPASS
                                ROAD NEW AGRA (UTTAR PRADESH)

                          2.    VASUDEV SHARAM     S/O SHRI      BABURAM
                                SHARMA, AGED ABOUT 53 YEARS,

                          3.    PUJA SHARMA D/O SHRI VASUDEV SHARMA,
                                AGED ABOUT 27 YEARS,

                          4.    SONAM SHARMA D/O SHRI VASUDEV SHARMA,
                                AGED ABOUT 23 YEARS,

                          5.    POONAM SHARMA D/O SHRI VASUDEV SHARMA,
                                AGED ABOUT 21 YEARS,

                                ALL R/O A-BLOCK SHASTRI NAGAR BHIND
                                (MADHYA PRADESH)

                          6.    NARENDRA SINGH S/O SHRI BALRAM SINGH,
                                AGED ABOUT 37 YEARS, BAHADPUR THANA
                                LABEDI DISTT. ITTAWA (UTTAR PRADESH)

                          7.    P.N.C. CONSTRUCTION    COMPNAY   AGRA
                                THROUGH ITS MANAGER CAMP MEGHPURA
                                POLICE   STATION    MEHGAON   PARGANA
                                MEHGAON     DISTRICT   BHIND  (MADHYA
Signature Not Verified
                                PRADESH)
Signed by: ASHISH
CHAURASIA
Signing time: 03-May-23
6:41:37 PM
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                                                                                          .....RESPONDENTS
                          (NONE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

Heard on admission and interim relief.

Petitioner has preferred this petition seeking following reliefs:-

It is therefore most humbly prayed that this Hon'ble Court may kindly be pleased to allow the present petition and it is further prayed that effect and operation of order dated 23.01.2013 passed in M.A.No.531/2009 by this Hon'ble Court may kindly be stayed and as a consequence recovery proceeding pending in case No.351/2018 parties The New India Insurance Company Vs. Smt. Nirupan Agrawal and others pending before MACT, Mathura may also be stayed and it is further prayed that MJC No.8/2022 pending before II MACT, Bhind may kindly be directed to concluded as expeditiously as possible in the interest of justice. It is the submission of counsel for the petitioner that earlier he was registered owner of a vehicle (Tanker) vide Registration No.UP0-85-E9346 and it was sold by the petitioner to one M/s. P.N.C.Construction Company Ltd. Kamla Nagar, District Agra. Counsel for the petitioner referred necessary documents viz Insurance Policy by the New India Insurance Company Ltd. Form -30 (Under Rule 55 (2) and (3) of the Central Motor Vehicles Rule, 1989 and documents SR-28 Under Rule-65) issued by Divisional Transport Department of Agra, U.P. in which permit is granted in favour of M/s P.N.C. Construction Company Ltd. to bring home the fact that she sold the Tanker way back in 2005 whereas accident took place by the said vehicle in 2007 (18.08.2007). Therefore, at the time of accident she was not the owner of the Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 03-May-23 6:41:37 PM

vehicle in question. Therefore, she cannot be fastened with any liability so far as claim matter is concerned.

Here it appears that due to said accident, death of one lady ensued and precipitated the filing of claim application under Section 166/140 of Motor Vehicle Act and resulted into passing of award dated 23.01.2009 in which petitioner has been treated as owner of the vehicle and liability has been fastened. When recovery by the insurance company started then petitioner came to know about the passing of such order and therefore, an application under Order IX Rule 13 of C.P.C. was moved before the concerned MACT Bhind and same is pending consideration alongwith an application for stay.

Learned counsel for the petitioner referred the judgment of Apex Court passed in the case of Prakash Chand Daga Vs. Saveta Sharma (2019) 2 SCC 747 to submit that only registered owner is liable for payment of compensation and not the previous owner. Here the petitioner as previous owner discharged her liability as owner way back when she sold the Tanker to the company referred above and necessary documentation in respect of transfer of vehicle before Transport Office were carried out.

Considering the submissions and the peculiar facts and circumstances of the case, it appears that instead of keeping the petition pending it is apposite that matter be remanded back in a manner where petitioner may be permitted to

press for hearing over the application under Order IX Rule 13 of CPC preferred before the competent Court at Bhind along-with application for stay and press the said application there only.

As an interim measure, till the application is decided, no prejudice shall be caused to the petitioner as previous owner of the offending vehicle and no recovery shall be given effect to against the petitioner. Thereafter, fate of the Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 03-May-23 6:41:37 PM

petitioner shall be as per the order of the learned MACT.

Present petition stands disposed of in above terms.

ANAND PATHAK) JUDGE Ashish*

Signature Not Verified Signed by: ASHISH CHAURASIA Signing time: 03-May-23 6:41:37 PM