United India Insurance Co.Ltd. vs Pramod Kumar Alias Banti Rathore
2023 Latest Caselaw 17216 MP

                                                           1

                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                     BEFORE
                                        HON'BLE SMT. JUSTICE SUNITA YADAV
                                             ON THE 16 th OF OCTOBER, 2023
                                               MISC. APPEAL No. 829 of 2015

                           BETWEEN:-
                           UNITED INDIA INSURANCE CO.LTD. DEPUTY THROUGH
                           ITS DEPUTY MANAGER DIVISIONAL OFFICE AT
                           CENTER POINT COMPLEX PHOOL BAG, GWALIOR
                           (MADHYA PRADESH)

                                                                                     .....APPELLANT
                           (BY SHRI BADRI NATH MALHOTRA - ADVOCATE)


                           AND

                           1.    PRAMOD KUMAR ALIAS BANTI RATHORE S/O
                                 SHRI SIYARAM RATHORE, AGED ABOUT 22
                                 Y E A R S , R/O DEEN DAYAL NAGAR   P.S.
                                 MAHARAJPURA, DISTRICT GWALIOR (MADHYA
                                 PRADESH)

                           2.    PAPPI SINGH RAJPUT S/O MANTURI SINGH
                                 OCCUPATION: NA R/O VILLAGE NAWADA POST
                                 BIDONDI   TAJPUR   TEHSIL  SIKANDRABAD
                                 DISTRICT BULANDSAHAR THROUGH INDRAJEET
                                 SINGH JAI AMBAY NAGAR MARG, DISTRICT
                                 INDORE (MADHYA PRADESH)

                           3.    INDRAJEET S/O NA OCCUPATION: NA R/O JAI
                                 AMBAY NAGAR MARG, DISTRICT INDORE
                                 (MADHYA PRADESH)

                                                                                  .....RESPONDENTS


                                 T h is appeal coming on for hearingthis day, t h e cou rt passed the
                           following:
                                                         JUDGMENT

Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/18/2023 09:42:10 PM

Heard on I.A. No. 4647 of 2015, an application under Order 41 Rule 27 CPC read with Section 169 of Motor Vehicles Act.

This interlocutory application has been filed by the insurance company for taking report of Investigator appointed by it along with report of license authority on record according to which the driver of the offending vehicle was not having valid and effective driving license at the time of accident. The reason for not filing the said report before tribunal is mentioned that the report was received on 20.08.15 after passing the award on 29.04.15.

Learned counsel for the claimants vehemently opposed the application and prayed for its dismissal.

Heard and perused the available record.

There is nothing on record to show that insurance company had applied due diligence and took necessary step to obtain the said report when the trial was going on before tribunal and even after applying due diligence company was not able to produce the report before the tribunal. Under these circumstances, there is no ground to take the said report as additional evidence. Consequently, I.A. No. 4647 of 2015 is dismissed.

Present miscellaneous appeal has been filed against the award dated 29.4.2015 passed by Fifth Additional Member, Motor Accident Claims Tribunal, Gwalior (M.P.) in Motor Accident Claim Case No. 106/2014 filed by respondent No. 1 - claimant on account of grievous injuries sustained by him in a road traffic accident occurred on 02.9.2012 involving offending vehicle Truck bearing registration No. MP09-KD-0774. At the time of accident, respondent No. 2 was the driver and respondent No. 3 was the owner of the offending vehicle and the offending vehicle was insured with appellant - insurance company.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/18/2023 09:42:10 PM

Respondents No. 2 and 3 remained absent before learned claims tribunal and were proceeded ex-parte.

Appellant - insurance company filed its written statement and denied the averments made in the claim petition and further stated that since the offending vehicle was being plied in breach of policy terms and conditions, therefore, insurance company is not liable to pay the compensation.

Learned claims tribunal after hearing both the parties and considering the evidence adduced by them allowed the claim petition of the claimant and awarded compensation to the tune of Rs.31,000/-, which was directed to be paid by respondents No. 2 and 3 - driver and owner of the offending vehicle and appellant - Insurance Company jointly and severely.

Learned counsel for the appellant - insurance company submits that learned claims tribunal has awarded the compensation on the higher side and same be reduced.

Heard and perused the available record.

After going through the evidence available on record, this Court is of the considered opinion that the impugned award passed by learned claims tribunal is just and proper in accordance with law and no interference is warranted in the same.

The appeal sans merit and is hereby dismissed.

(SUNITA YADAV) JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 10/18/2023 09:42:10 PM