Madhya Pradesh High Court
National Insurance Company Ltd. vs Sushma on 27 October, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 27 th OF OCTOBER, 2023
MISC. APPEAL No. 4477 of 2022
BETWEEN:-
NATIONAL INSURANCE COMPANY LTD. THROUGH
BRANCH MANAGETR HAVING BRANCH OFFICE AT
PANKAJ PLAZA FIRST FLOOR ELC CHOWK NAGPUR
ROAD CHHINDWADA THROUGH OFFICER IN CHARGE
NATIONAL INSURANCE COMPANY LTD. T.B. HUB VIJAY
NAGAR JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL ROHRA - ADVOCATE AND SHRI D.N. SHUKLA -
ADVOCATE)
AND
1. SUSHMA W/O LATE ANIL VERMA, AGED ABOUT
25 YEARS, R/O VILLAGE BAHAMANVADA POLICE
STATION AND TEHSIL CHOURAI DISTRICT
CHHINWADA (MADHYA PRADESH)
2. ADARSH S/O ANIL VERMA, AGED ABOUT 7
Y E A R S , OCCUPATION: THROUGH LEGAL
GUARIDIAN MOTHER SMT. SUSHMA
RESPONDENT NO.1 R.O VILLAGE
BAHAMANVADA, P.S. AND TEHSIL CHOURAI,
DISTRICT CHINDWADA M.P. (MADHYA PRADESH)
3. ARUNA D/O LATE ANIL VERMA, AGED ABOUT 5
Y E A R S , OCCUPATION: THROUGH LEGAL
GUARDIAN MOTHER SMT. SUSHMA
RESPONDENT NO.1 R/O VILLAGE
BAHAMANVADA, P.S. AND TEHSIL CHOURAI,
DISTRICT CHHINDWADA M.P. (MADHYA
PRADESH)
4. PATI RAM VERMA S/O LATE MURAT VERMA,
AGED ABOUT 60 YEARS, R/O VILLAGE
BAHAMANVADA, P.S. AND TEHSIL CHOURAI,
DISTRICT CHHINDWADA M.P. (MADHYA
PRADESH)
Signature Not Verified
Signed by: LALIT SINGH
RANA
Signing time: 10/27/2023
6:58:46 PM
2
5. SMT. LAXMI VERMA W/O PATIRAM VERMA,
AGED ABOUT 58 YEARS, R/O VILLAGE
BAHAMANVADA, P.S. AND TEHSIL CHOURAI,
DISTRICT CHHINDWADA M.P. (MADHYA
PRADESH)
6. SILVA RAJU S/O MUTHI SWAMI, AGED ABOUT 35
YEARS, R/O TALAIYA FULLIAM PATTI, DISTRICT
NAVKAL, TAMIL NADU (DRIVER) (TAMIL NADU)
7. DHARAM LINGAM S/O VALLUDHYAM, AGED
ABOUT 45 YEARS, POLICE STATION MUCHURI,
DISTRICT TIRACHI, TAMIL NADU, CURRENTLY
RESIDING AT RAGHUVANSHI BOREWELL, NEAR
GANESH CHOWK, OPPOSITE KALI MATA MADIYA,
SEONI, TEHSIL AND DISTRICT SEONI (DEALER
OPERATOR) (MADHYA PRADESH)
8. SHRI NITHYA BOREWELL PROPRIETOR
S A R A S WAT I 10555 BUILDING AB ROAD,
CHAMRAJPETH, DISTRICT BENGALURU,
KARNATAKA (OWNER) (KARNATAKA)
.....RESPONDENTS
(BY SHRI SUSHIL GIRI GOSWAMI - ADVOCATE FOR RESPONDENT NO. 1 ,
4 AND 5)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This appeal is filed by the Insurance Company, being aggrieved of award
dated 30.04.2022, passed by learned Motor Accident Claims Tribunal, Chourai,
District Chindwada (M.P.), in MACC No.16/2020, on the ground that there was
a violation of the terms and conditions of the policy and therefore, insurance
company should have been exonerated.
It is submitted that the award is passed on surmises and conjectures and
the learned MACT has failed to consider that the offending vehicle was being
used in a private property over Ghanshyam for digging a borewell and alleged
accident did not took place due to the active involvement of the vehicle. Even
Signature Not Verified
Signed by: LALIT SINGH
RANA
Signing time: 10/27/2023
6:58:46 PM
the rate of interest is on the higher side.
Shri Goswaami, Advocate, in his terms, submits that this aspect has
been covered by the learned tribunal by placing reliance on the judgment of
Hon'ble Supreme Court in case of Kaleem Khan and others Vs. Famidabee
and other [(2018) 7 SCC 687] where facts were identical. When a boring
machine was digging the well then a heavy stone came flying and fell on the
head of the deceased, as a consequence of which he sustained grievous injuries
and when he was carried for treatment in a Jeep to the hospital, he was declared
dead.
Under such facts and circumstances, the award is covered by the
judgment of Supreme Court and there being no other factual matter and there
being no material on record to show that Akash Singh Chouhan S/O Virendra
Singh Chouhan who claimed himself to be Assistant Manager of the National
Insurance Company, Chindwada admitted that the vehicle in question was
insured from 16.09.2012 to 15.09.2013 vide Ex. D/1 and he was not an eye
witness to the incident. On the basis of some documents, she was narrating that
the incident had not taken place at a public place but in a private place, but
failing to point out as to which of the condition of the policy was violated,
impugned award when tested can not be said to be arbitrary or illegal calling for
indulgence.
However, in the peculiar fact of the case, it is directed that interest at the
rate of 9% per annum awarded by the Claims tribunal is hereby reduced at the
rate of 7% per annum.
In view of above, this miscellaneous appeal is partly allowed and
disposed off.
Let record of Claims Tribunal be sent back.
Signature Not Verified
Signed by: LALIT SINGH
RANA
Signing time: 10/27/2023
6:58:46 PM
(VIVEK AGARWAL)
JUDGE
L.R.
Signature Not Verified
Signed by: LALIT SINGH
RANA
Signing time: 10/27/2023
6:58:46 PM
