Madhya Pradesh High Court
Narayan Singh Rajput vs Nawav Singh Rajput on 14 May, 2024
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
ON THE 14TH DAY OF MAY, 2024
MISC. APPEAL No. 274 OF 2010
BETWEEN:-
NATIONAL INSURANCE CO. LTD. HAVING
DIVISIONAL OFFICE AT INDERGANJ,
LASHKAR, GWALIOR THROUGH ITS
SENIOR DIVISIONAL MANAGER (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI S.N.GAJENDRAGADKAR - ADVOCATE )
AND
1 NARAYAN SINGH RAJPUT S/O SHRI
LAXMI NARAYAN RAJPUT AGED 48
YEARS, OCCUPATION SERVICE, R/O
PANPATTE KI GOTH, KAMPOO,
LASHKAR, GWALIOR (MADHYA
PRADESH).
2.NAWAB SINGH RAJPUT S/O SHRI
KRIPARAM RAJPUT AGED 27 YEARS,
OCCUPATION DRIVER R/O NEW
NURSING COLONY, NEAR NEW ADARSH
SCHOOL, CHAAR SHAHAR KA NAKA,
HAZIRA GWALIOR (MADHYA
PRADESH)
3. BHARAT SINGH S/O SHRI JAGAT
SINGH OCCUPATION OWNER R/O
VILLAGE RAMPURA, DISTRICT DATIA
(MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENT NO. 1 BY SHRI R.P.GUPTA - ADVOCATE)
AND
2
MISC. APPEAL No. 687 OF 2010
BETWEEN:-
NARAYAN SINGH RAJPUT S/O SHRI
LAXMI NARAYAN RAJPUT AGED 48
YEARS, OCCUPATION SERVICE, R/O
PANPATTE KI GOTH, KAMPOO,
LASHKAR, GWALIOR (MADHYA
PRADESH).
.....APPELLANT
(BY SHRI R.P.GUPTA- ADVOCATE )
AND
1. AWAB SINGH RAJPUT S/O SHRI
KRIPARAM RAJPUT AGED 27 YEARS,
OCCUPATION DRIVER R/O NEW
NURSING COLONY, NEAR NEW
ADARSH SCHOOL, CHAAR SHAHAR
KA NAKA, HAZIRA GWALIOR
(MADHYA PRADESH)
2. BHARAT SINGH S/O SHRI JAGAT
SINGH OCCUPATION OWNER R/O
VILLAGE RAMPURA, DISTRICT
DATIA (MADHYA PRADESH)
3. NATIONAL INSURANCE CO. LTD.
THROUGH DIVISIONAL MANAGER,
JAYENDRAGANJ, LASHKAR, GWA
LIOR (MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENT NO. 3 BY SHRI S.N.GAJENDRAGADKAR-
ADVOCATE)
These appeals coming on for orders this day, the court passed the
following:
ORDER
This common order shall govern disposal of M.A.No. 274/2010 and
687/2010 both these appeals are filed by Insurance Company and
Claimant, respectively, against the common award dated 24/12/2009 passed
by Third Additional Motor Accident Claims Tribunal, Gwalior in Claim
Case No. 206/2009, whereby, the Claims Tribunal has awarded a sum of
Rs.28,000/- alongwith interest @ 6% per annum from the date of claim
petition to injured/claimant- Narayan Singh Rajput, who has sustained
grievous injuries in accident happened in intervening night of 28-29/2/2008
and liability for payment of compensation amount was fastened over driver
and owner of the offending motorcycle; however, Insurance Company was
directed to make the payment of compensation amount first and thereafter
liberty was reserved to recover the same from driver and owner of the
offending vehicle under principle 'pay and recover'.
2. Insurance Company has filed M.A.No. 274/2010 assailing the liability
part of the impugned award as accordingly to learned counsel for the
Insurance Company, admittedly on the date of accident, the driver of the
offending vehicle- Nawab Singh Rajput was possessing license to drive
only light motor vehicle and not motorcycle, while at the time of accident,
he was driving motorcycle which is in violation of Section 10(2) of the
Motor Vehicles Act, 1988 where the separate category of license is provided
for motorcycle and light motor vehicle, therefore, though Insurance
Company was rightly exonerated from the liability but learned claims
Tribunal erred in passing direction that Insurance Company shall make the
payment of compensation amount first to the Claims with liberty to recover
the same from driver and owner of the offending vehicle.
3. Per contra, the learned counsel for the claimant while supporting the
impugned award submitted that claimant has filed a separate miscellaneous
appeal vide M.A.No. 687/2010 seeking enhancement of the compensation
amount as according to him, learned claims tribunal has not awarded any
amount under the head grievous hurts and amount awarded under the other
heads are also on the lower side.
4. None appeared on behalf of driver and owner of the offending
motorcycle though they were served and represented through counsel
earlier.
5. Heard learned counsel for the parties at length and perused the record.
6. Hon'ble Supreme Court in the case of Zaharulnisha (Supra) after
discussing the provisions of Section 10 of the MV Act for granting the
driving license, has held as under :
"18. In the light of the above settled proposition of law,
the appellant insurance company cannot be held liable
to pay the amount of compensation to the claimants for
the cause of death of Shukurullah in road accident
which had occurred due to rash and negligent driving of
scooter by Ram Surat who admittedly had no valid and
effective licence to drive the vehicle on the day of
accident. The scooterist was possessing driving licence
of driving HMV and he was driving totally different
class of vehicle which act of his is in violation of
Section 10(2) of the MV Act."
7. Having considered the law laid down by Hon. Supreme Court, it is
clear that in this case, at the time of accident while driving motorcycle
bearing registration no. MP32B7947, driver-Nawab Singh Rajput has
violated the condition of insurance policy, who was having valid license to
drive for light motor vehicle only. There was no endorsement on the license
which permits him to ride motorcycle also as is clear from his Driving
Licence and therefore, learned Claims Tribunal did not err while
exonerating the Insurance Company from the liability and further in light of
para 19 of the case of Zaharulnisha (Supra), wherein, Hon. Supreme
Court in similar condition has directed the insurance company to pay the
compensation amount first to the claimants and then recover the same from
the owner of the offending vehicle, which is reproduced as under -
"19. In the result, the appeal is allowed to the limited
extent and it is directed that the appellant insurance
company though not liable to pay the amount of
compensation, but in the nature of this case it shall
satisfy the award and shall have the right to recover the
amount deposited by it along with interest from the
owner of the vehicle, viz., respondent No.8, particularly
in view of the fact that no appeal was preferred by him
nor has he chosen to appear before this court to contest
this appeal. This direction is given in the light of the
judgments of this Court in National Insurance Co.Ltd. v.
Baljit Kaur, 2004 ACJ 428(SC) and Daddappa v. Branch
Manager, National Insurance Co.Ltd., 2008ACJ
581(SC)."
learned Claims Tribunal did not err while issuing direction to
Insurance Company to make the payment of compensation amoutn first to
the Claims and thereafter recover the same from the owner and driver of the
offending vehicle.
8. As regards M.A.No. 687/2010 filed on behalf of claimant, after
having heard learned counsel appearing for the parties and on perusal of the
pleadings and the evidence so adduced, in the opinion of this Court, the
amount of compensation as awarded by the claims Tribunal is on the lower
side considering the nature of injuries, treatment papers and its period, the
mental pain and suffering and also the other heads, the compensation as
awarded by the Claims Tribunal is liable to be enhanced by Rs. 30,000/- in
lump sum thereby making the total compensation Rs. 58,000/- which shall
be payable along with the interest from the date of filing of the claim
petition.
9. In view of aforesaid discussion, the appeal of the Insurance
Company vide M.A.No. 274/2010 is hereby dismissed and that of
complainant filed vide M.A.No. 687/2010 is allowed in part to the extent
indicated hereinabove.
10. Record of the learned Claims Tribunal be sent back.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
jps/-
JAI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
PRAKASH
GWALIOR,
2.5.4.20=287738d30aabaeda9b10cecdf179c
ec865c7633f4cfb9e38ce14fcbb05b9522a,
postalCode=474001, st=Madhya Pradesh,
SOLANKI
serialNumber=8D6BC1C9FCE36623D0BD6B
8072A2D8C01433EBD48AE4F609F108CA8F8
DE6B522, cn=JAI PRAKASH SOLANKI
Date: 2024.05.22 10:27:15 +05'30'
