Anil Tiwari vs Waheed Khan
2023 Latest Caselaw 16802 MP

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                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 10 th OF OCTOBER, 2023
                                            MISC. APPEAL No. 2473 of 2015

                           BETWEEN:-
                           ANIL TIWARI S/O SHRI RAMADHAR TIWARI, AGED
                           ABOUT 42 YEARS, NADIPAAR SHIVNAGAR KATNI
                           (MADHYA PRADESH)

                                                                            .....APPELLANT
                           (BY SHRI KAPIL PATWARDHAN - ADVOCATE)

                           AND
                           1.    WAHEED KHAN S/O LATE SHRI KHUDA BAKSH,
                                 AGED ABOUT 47 YEARS, VILLAGE AAMA THANA
                                 AND TEHSIL SHAHNAGAR DISTRICT PANNA
                                 (MADHYA PRADESH)

                           2.    FATIMA BI W/O SHRI WAHEED KHAN, AGED
                                 ABOUT 423 YEARS, OCCUPATION: NONE VILL.
                                 AAMA, THANA AND TEH. SHAHNAGAR, PANNA
                                 (MADHYA PRADESH)

                           3.    SITARA D/O SHRI WAHEED KHAN, AGED ABOUT
                                 18 YEARS, OCCUPATION: NONE VILL. AAMA,
                                 THANA AND TEH. SHAHNAGAR, PANNA (MADHYA
                                 PRADESH)

                           4.    HARJAT KHAN S/O SHRI WAHEED KHAN, AGED
                                 ABOUT 16 YEARS, OCCUPATION: MINOR THR.
                                 THR. WAHHED KHAN S/O LT SHRI KHUDA BAKSH
                                 VILL. AAMA, THANA AND TEH. SHAHNAGAR,
                                 PANNA (MADHYA PRADESH)

                           5.    OMKAR ADIWASI S/O SANTOSH ADIWASI
                                 OCCUPATION: NONE SAGWARA, ARAKSHI
                                 KENDRA SIMARIYA, TEH. PAWAI, (MADHYA
                                 PRADESH)

                           6.    THE BAJAJ ALLIANCE GENERAL INSURANCE CO.
                                 LTD. THR. DIVISIONAL MANAGER G.I. PLAZA
                                 AIRPORT ROAD YARVADA, (MAHARASHTRA)
Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 11-10-2023
10:45:38
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                                                                                        .....RESPONDENTS
                           (NONE FOR THE RESPONDENTS)

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

This appeal is filed by the owner of the motor vehicle being aggrieved of award dated 10/09/2015 passed by the learned Additional Member, Motor Accident Claims Tribunal Pawai, District Panna in MACC No. 15/2014 on the ground that the Insurance Company has been exonerated on two grounds namely non-possession of appropriate driving license to drive a commercial vehicle and another ground is that appropriate permit was not available on the

date of the accident.

As far as first ground is concerned, admittedly, the vehicle which met with an accident was a white colour Pickup Van. According to Shri Kapil Patwardhan, it is a Light Motor Vehicle. Though, there is no such evidence available on record. Driver Saleem Khan was having a driving license to drive the Light Motor Vehicle (N.T.) and this license was valid from 10/05/2013 to 9/05/2033.

The incident admittedly took place on 14/05/2014 and, therefore, it is prayed that in the light of the law laid down by the Supreme Court in the case of Mukund Dewangan Vs. Oriental Insurance Co. Ltd. (2017) 14 SCC 663, the Insurance Company could not have been exonerated only for lack of proper endorsement.

However, fact of the matter is that there is a breach of permit also. This fact could not be denied by the appellant. One Shri Ajay Singh Sengar, Law Officer of Bajaj Alliance General Insurance Company Limited was examined Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 11-10-2023 10:45:38

and in his affidavit, he proved the factum of violation of permit also and, therefore, in view of the law laid down by the Constitution Bench judgment of the Kerala High Court in the case of Pareed Pillai versus Oriental Insurance Company Limited 2018 SCC OnLine Kerala 3543, for breach of permit also, the Insurance Company has been exonerated and, there is no illegality in the impugned award to that extent.

Therefore, the finding recorded by the Tribunal qua driving license in the light of law laid down by the Supreme Court in the case of Mukund Dewangan (supra) is modified and set aside but in view of lack of permit which has been proved by the Insurance Company, no modification in the award is required.

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

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 11-10-2023 10:45:38