Madhya Pradesh High Court
National Insurance Co.Ltd. vs Smt.Tulsabai on 3 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
-1-
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
MISC. APPEAL No. 2020 of 2016
BETWEEN:-
NATIONAL INSURANCE CO.LTD. INDORE AHMEDABAD ROAD DHAR
THRU.REGIONAL OFFICE, 2, M.G.ROAD INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SUDHIR DANDWATE, ADVOCATE)
AND
SMT.TULSABAI W/O LATE PHOOLCHAND KAURAV, AGED ABOUT 42
1. YEARS, OCCUPATION: HOUSEWORK 197, DHARAMKUNJ COLONY,
BETMA, TEH.DEPALPUR (MADHYA PRADESH)
SMT ARCHANA W/O VIRENDRA KAURAV, AGED ABOUT 26 YEARS,
2. OCCUPATION: HOUSEWORK 197, DHARAMKUNJ COLONY, BETMA
TEHSIL DEPALPUR DISTT INDORE (MADHYA PRADESH)
SANJAY S/O RAVIGIRI GOSWAMI, AGED ABOUT 26 YEARS,
3. OCCUPATION: VEHICLE DRIVER DHARAMKUNJ COLONY, BETMA
TEH DEPALPUR DISTT INDORE (MADHYA PRADESH)
KALYAN SINGH S/O BHERUSINGH JHALA, AGED ABOUT 36 YEARS,
4. OCCUPATION: VEHICLE OWNER GRAM MUNDANA AACHANA,
THANA SAGORE TEH AND DSITT DHAR (MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENT NO.1 BY SHRI KAUSHAL SISODIYA, ADVOCATE)
Reserved on : 25th April, 2024
Delivered on : 03rd May, 2024
This appeal having been heard and reserved for order coming on
for pronouncement this day, the court pronounced the following:
ORDER
The appellant / Insurance Company has filed the present appeal
under Section 173(1) of the Motor Vehicles Act, 1988 against the award
dated 08.07.2016 passed by the IV Member, Motor Accident Claims
Tribunal, District - Dhar in Claim Case No.667/2015, whereby
appellant, respondents Nos.3 & 4 have been jointly held entitled to pay
compensation of Rs.7,68,640/- to respondents No.1 & 2 (original
claimant).
02. Facts of the case are that in the night of 25.01.2014, Manoj
along with his friend Sanjay was going on motorcycle bearing
registration No.MP 09 NX 8516 owned by Kalyan Singh. Sanjay was
driving the vehicle rashly and negligently and dashed the same, due to
which Manoj, who was the pillion rider suffered fatal injuries and died.
Respondent No.1 & 2 being claimant filed a claim case claiming
compensation from the appellant, respondents No.3 & 4 on the ground
that at the time of incident, he was 25 years of age and getting Rs.600/-
per day while working as Labour Supervisor.
03. After examining the evidence, learned Tribunal assessed the age
of the deceased as 30 yeas and income @ Rs.5,820/- per month as
unskilled labour and after deduction annual income of Rs.34,920/- was
assessed. After applying the multiplier of 17, Rs.5,93,640/- was
calculated. Learned Tribunal has also awarded compensation under
various other statutory head. In total amount Rs.7,68,640/- has been
awarded. Appellant, respondents No.3 & 4 were directed to pay the
compensation jointly and severally.
04. The appellant / Insurance has filed this appeal challenging the
award only on the ground that Sanjay was not having the valid driving
license to drive the motorcycle. The driving license No.MP09R2008-
0314922 ceased by the police from Sanjay which said to have been
issued on 15.05.2008 is not a valid license. The investigator of the
Insurance Company visited the Regional Transport Officer, Indore and
found that the said license is issued in the name of Gaurav S/o Chunnilal
from 12.03.2007 to 11.03.2027 and the said fact has been established by
witness No.1 of the appellant / Insurance Company namely Arvind
Mishra. Respondents No.3 & 4 did not appear before the Tribunal and
proceeded ex parte, therefore, the appellant / Insurance Company could
not get opportunity to confront Sanjay about his driving license.
05. The Insurance Company also examined Assistant, Grade - III
namely Smt. Manju Sharma, Regional Transport Office, Vijay Nagar
and according to her, license No.MP09R2008-0314922 in the name of
Gaurav Borde.
06. Shri Sudhir Dandwate, learned counsel for the appellant submits
that the license collected by the police is forge and Insurance Company
is not liable to be pay the entire amount of compensation. Learned
counsel further submits that if the Insurance Company is not liable to
pay the compensation, then Insurance Company may be given the
liberty to pay and recover the compensation from driver and owner.
07. Respondents No.3 & 4, despite service of notice, neither
appeared before the Tribunal nor before this Court.
08. Heard.
09. The aforesaid incident was reported to the police station where
F.I.R. was registered against Sanjy & Kalyan Singh. After filing of
charge-sheet, learned Judge framed charges against Kalyan that he
handed over his motorcycle bearing registration No. MP 09 NX 8516 to
Sanjay who is not having license. Sanjay remained absconding in
criminal trial also. Vide judgment dated 27.08.2019, Kalyan Singh was
acquitted from Section 5/180 of the Motor Vehicles Act as the
prosecution has failed to prove that Sanjay caused the accident by
driving the motorcycle rashly and negligently and there is no evidence
that at the time of accident he had no driving license.
10. The evidence given by the Insurance Company in respect of
validity of driving license given of Sanjay Giri has gone unrebutted.
According to Ex-P/6 & P/7, the driving license of Sanjay Giri available
on record appears to be forged document. He has not been arrested so
far. However, on the basis of evidence it has been established that the
motorcycle on which the deceased was travelling as a pillion rider met
with an accident, due to which he died. Respondents No.3 & 4 failed to
appear before the Tribunal as well as before this Court to establish that
the vehicle was being driven by Sanjay having valid license then only
the Insurance Company can be held liable to pay compensation.
11. In view of the above, the Insurance Company is not liable to
indemnify respondents No.3 & 4. However, the deceased is a third party,
therefore, let appellant / Insurance Company deposit the awarded
amount with liberty to recover the same from respondents No.3 & 4.
12. Miscellaneous Appeal stands allowed in part.
Record be sent back.
(VIVEK RUSIA)
JUDGE
Ravi
