Madhya Pradesh High Court
United India Insurance Company ... vs Smt. Krishna Bai on 7 November, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 7 th OF NOVEMBER, 2023
MISCELLANEOUS APPEAL No. 6098 of 2022
BETWEEN:-
UNITED INDIA INSURANCE COMPANY LTD. THROUGH
DIVISIONAL MANAGER AND THROUGH AUTHORIZED
REPRESENTATIVE DIVISIONAL OFFICE NO. 4 UIIC
DOOR NO. 131/11 FLOOR NO. 1 BHOPAL AND THROUGH
R/O DIVISIONAL OFFICE NEAR ASHOKA HOTEL
WRIGHT TOWN JABALPUR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI DIWAKAR NATH SHUKLA - ADVOCATE)
AND
1. ADITYA PURI S/O SHIR DEVENDRA PURI, AGED
ABOUT 16 YEARS, OCCUPATION: MINOR
THROUGH LEGAL GUARDIAN FATHER
DEVENDRA PURI S/O NARMADA PRASAD AGED
ABOUT 42 YEARS PERMANENTLY RESIDING AT
VILLAGE BORE SEMARI KATKULA TEHSIL
REHATI DISRICT SEHORE M.P. CURRENTLY
RESIDING AT PUTILI GHAR BAIRASIYA BUS
STAND DISTRICT BHOPAL (MADHYA PRADESH)
2. MUKESH KUMAR CHOUHAN S/O SHRI MAKHAN
SINGH OCCUPATION: THROUGH AMAR SINGH
R/O JHUGGI NO.213, GAUTAM NAGAR, ARERA
COLONY DISTRICT BHOPAL (MADHYA PRADESH)
3. SANTOSH GIRI S/O LATE MANOHAR GIRI R/O
VILLAGE BORI, TEHSIL REHATI, DISTRICT
SEHORE (MADHYA PRADESH)
4. SMT. ASHA BAI W/O SHRI SANTOSH GIRI R/O
VILLAGE BORI, TEHSIL REHATI, DISTRICT
SEHORE (MADHYA PRADESH)
5. SHUBHAM GIRI S/O SANTOSH GIRI R/O VILLAGE
BORI, TEHSIL REHATI, DISTRICT SEHORE
(MADHYA PRADESH)
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 07-11-2023
19:17:39
2
.....RESPONDENTS
(SHRI KAPIL PATWARDHAN - ADVOCATE FOR RESPONDENT NO.1)
MISCELLANEOUS APPEAL No. 6099 of 2022
BETWEEN:-
UNITED INDIA INSURANCE COMPANY LTD. THROUGH
DIVISIONAL MANAGER DIVISIONAL OFFICE NO. 4 UIIC
DOOR NO. 131/11 FLOOR NO. 1 BHOPAL THROUGH
AUTHORIZED REPRESENTATIVE DIVISIONAL OFFICE
NEAR ASHOKA HOTEL WRIGHT TOWN JABALPUR
DIVISIONAL OFFICE NO. 4, UIIC, DOOR NO. 131/11,
FLOOR NO. 1, BHOPAL THROUGH DIVISIONAL OFFICE
NEAR ASHOKA HOTEL WRIGHT TOWN JABALPUR
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI DIWAKAR NATH SHUKLA - ADVOCATE)
AND
1. SMT. KRISHNA BAI W/O SHRI LAKHAN PURI,
AGED ABOUT 49 YEARS, OCCUPATION: MOTHER
OF THE DECEASED PERMANENT R/O VILLAGE
BORI SEMARI KATKUNA, TEHSIL REHATI,
DISTRICT SEHORE CURRENTLY RESIDING AT
PUTLI GHAR, BAIRASIYA BUS STAND DISTRICT
BHOPAL (MADHYA PRADESH)
2. LAKHAN PURI S/O LATE SURAJ PURI, AGED
ABOUT 59 YEARS, PERMANENT RESIDENT OF
VILLAGE BORI SEMARI KATKUNA TEHSIL
REHATI DISTRICT SEHORE CURRENTLY
RESIDING AT PUTLI GHAR BAIRASIYA BUS
STAND DISTRICT BHOPAL (MADHYA PRADESH)
3. MUKESH KUMAR CHOUHAN S/O SHRI MAKHAN
SINGH OCCUPATION: THROUGH AMAR SINGH
R/O JHUGGI NO. 213 GAUTAM NAGAR ARERA
COLONY DISTRICT BHOPAL (MADHYA PRADESH)
4. SANTOSH GIRI S/O LATE MANOHAR GIRI R/O
VILLAGE BORI TEHSIL REHATI DISTRICT
SEHORE (MADHYA PRADESH)
5. SMT. ASHA BAI W/O SHRI SANTOSH GIRI R/O
VILLAGE BORI TEHSIL REHATI DISTRICT
SEHORE (MADHYA PRADESH)
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 07-11-2023
19:17:39
3
6. SHUBHAM GIRI S/O SANTOSH GIRI R/O VILLAGE
BORI TEHSIL REHATI DISTRICT SEHORE
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI KAPIL PATWARDHAN - ADVOCATE FOR RESPONDENTS NO.1 AND
2)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
These miscellaneous appeals under Section 173(1) of the Motor Vehicles
Act, 1988 are filed by the insurance company being aggrieved of the award
dated 06.08.2022 passed by learned 23rd Additional Motor Accident Claims
Tribunal, Bhopal in MACC No.198/2018 (Smt. Krishna Bai W/o Lakhanpuri
and another Vs. Mukesh Kumar Chauhan and others) and in MACC
No.197/2018 (Aditya Puri Vs. Mukesh Kumar Chauhan and others) on the
ground that as per the story of the claimants, claimants were travelling in car
bearing registration No.MP04-CJ-4079. Witness Prakash (PW-3) has deposed
that he was travelling on his tractor when two cars overtook him and one of the
car had hit the car which was ahead, from behind, as a result, car which was in
front turned turtle. One of the boys died on the spot and others sustained
injuries.
2. Shri Diwakar Nath Shukla, learned counsel for the appellant-insurance
company placing reliance on this evidence submits that offending vehicle will be
the car which was travelling from behind, which had hit the insured vehicle
MP04-CJ-4709 and without impleading it, no relief could have been granted by
the learned Tribunal.
3. Shri Shukla further submits that car in question was actually sold out in
favour of another person and, therefore, insurance company should have been
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 07-11-2023
19:17:39
exonerated as there was no intimation of such transfer but Shri Kapil
Patwardhan, learned counsel for the claimants submits that the accident took
place within 14 days which is the moratorium period for obtaining transfer and
giving intimation to the insurance company and thus, that will also not come in
the way of the claimants.
4. After hearing learned counsel for the parties and going through the
record, evidence of Aditya Puri, one of the claimants, is vital. He too has
admitted that the car in which he was travelling was hit from side by another car,
as a result, this car turned turtle. Taking these facts into consideration, it is
evident that the date of transfer of car is 20.12.2017, whereas accident took
place on 02.01.2018, therefore, in terms of the provisions contained in Section
50(2) which deals with transfer of ownership, the person who has acquired the
motor vehicle, is required to make an application for the purpose of transferring
the ownership of the vehicle in his name, to the registering authority in whose
jurisdiction he has the residence or place of business where the vehicle is
normally kept, as the case may be, in such manner, accompanied with such fee,
and within such period as may be prescribed by the Central Government.
5. Since the period prescribed under sub-section (1) of Section 50 Clause
(a)(i) is 14 days and 14 days time had not lapsed, no indulgence can be shown
on the second ground put forth by the learned counsel for the insurance
company.
6. As far as issue of not impleading the owner driver of the vehicle which
had hit the car from behind in which claimant and the deceased were travelling is
concerned, this High Court had an occasion to deal with similar issue in case of
Virendra Singh Rana Vs. Pratap Singh and others in M.A. No.257/2004
decided on 11.05.2017 at Gwalior Bench, wherein this Court in para 7
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 07-11-2023
19:17:39
placing reliance on the judgment of Hon'ble Supreme Court in case of M.S.
Grewal and another Vs. Deep Chand Sood and others, 2001 ACJ 1719
and also judgment of this High Court in case of Gayatri Bai and another Vs.
Ahmadji and others, 1999 (1) T.A.C. 651 (M.P.) and judgment of Hon'ble
Supreme Court in case of Kaushnuma Begum and others. Vs. New India
Assurance Company Ltd., 2001 ACJ 428, held that owner of the vehicle is
liable for damages to a person who suffered on account of accident even if
there is no negligence on the part of the driver or owner because accident
occurred when the vehicle was in use and it was held that rule of strict liability
propounded in Raylands Vs. Fletcher is applicable in claims for compensation
made in respect of motor accidents.
7. Hon'ble Supreme Court in case of Khenyei Vs. New India Assurance
Company Limited and others, (2015) 9 SCC 273 has held that in case of a
composite negligence, claimants can claim compensation from any of the joint
tortfeasors.
8. Thus, in the light of aforesaid judgments of Hon'ble Supreme and this
Court, I am of the opinion that there is no illegality in the impugned award
granting compensation against the insurer of the offending motor vehicle MP04-
CJ-4079 as it is to be held liable to be a joint tortfeasor along with the unknown
vehicle which had dashed the car from behind.
9. In view of above, appeals fail and are dismissed.
10. Record of the learned Claims Tribunal be sent back.
(VIVEK AGARWAL)
JUDGE
pp
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 07-11-2023
19:17:39
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 07-11-2023
19:17:39
