Madhya Pradesh High Court
Nagar Nigam Gwalior vs Smt Neha Agrawal on 8 August, 2024
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1 MA-114-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
ON THE 8 th OF AUGUST, 2024
MISC. APPEAL No. 114 of 2024
NAGAR NIGAM GWALIOR
Versus
SMT NEHA AGRAWAL AND OTHERS
Appearance:
Shri S.S.Bansal, learned counsel for the appellant.
Shri Kuldeep Singh, learned counsel for respondent No. 4.
ORDER
Appellant-Municipal Commissioner, Gwalior has filed this appeal
under Section 173(1) of Motor Vehicle Act, 1988 assailing the impugned
award dated 21/9/2023 passed by Chairman, Motor Accident Claims
Tribunal, Gwalior in MACC No. 9513/2021; whereby, the claim case filed
by respondents No. 1 and 2 seeking a compensation of Rs. 44,50,000/- for
death of their daughter in road accident dated 16/10/2021 has been allowed
in part and Claims Tribunal awarded a total compensation of Rs. 3,77,000/-
with interest at the rate of 6% per annum and while exonerating the
Insurance Company from the liability, directed the Insurance Company to
make the payment of compensation amount first to the claimants and
thereafter recover it from the appellant and respondent No. 2 (driver).
2. From perusal of record as well as impugned award, it is apparent
that Claims Tribunal exonerated the Insurance Company on the ground that
on the date of accident, though vehicle was insured with respondent No. 4-
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Insurance Company but the offending vehicle was not registered with the
RTO and was being run without any fitness certificate.
3. Since the vehicle was not validly registered, the appellant ought not
to have used / plied the vehicle on road or use the same and by doing so, it
has certainly violated Section 39 of The Motor Vehicles Act, 1988 as well as
terms and conditions of the insurance policy, thereby entitling the insurance
company to repudiate the claim.
4. Hon'ble Apex Court in the case of United India Insurance Company
Limited Vs. Sushil Kumar Godara(2021)14SCC519, repudiated the
insurance claim on three grounds, one of which, was that the temporary
registration of the vehicle expired on 19.07.2011 and the respondent
(insured) did not get the vehicle permanently registered. The appeal filed by
the insurance company was allowed and the complaint filed by respondent
(complainant) was dismissed. It was also held that since the vehicle had been
driven / used without a valid registration, it amounts to clear violation of
Sections 39 and 192 of The Motor Vehicles Act, 1988 and has resulted in
fundamental breach of the terms and conditions of the policy. In the
aforesaid case of United India Insurance Company Limited (supra) , reliance
was placed upon judgment of Hon'ble Apex Court in the case of Narinder
Singh Vs. New India Assurance Company Limited and others,
(2014)9SCC324, wherein the claim was in the context of an accident,
involving a vehicle, the temporary registration of which had expired, Hon'ble
Apex Court while dismissing the appeal preferred by owner held that the
insurer was not liable for making payment of compensation amount.
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5. In view of aforesaid legal pronouncements, when indisputable, in
the instant case on the date of accident, offending vehicle was not registered
with the RTO, in the opinion of this Court, learned Claims Tribunal did not
err in passing the impugned award.
6. No infirmity, illegality, irregularity or perversity has been
committed by the learned Claims Tribunal while passing the impugned
award. Appeal sans merits and is hereby dismissed.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
JPS/-
