Branch Manager National ... vs Kanchan Kumari @ Kanchan Dubey
2022 Latest Caselaw 4764 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Miscellaneous Appeal No.671 of 2021
     ======================================================

Branch Manager National Insurance co. Ltd. Kankarbagh Branch, Patna Through Branch Manager, National Insurance company Ltd. Branch Sasaram, P.O. and P.S.- Sasaram, Distt.- Rohtas (Insurer of offending jeep No.- BR 24P1112) at present represented through Regional Office National Insurance Company Ltd. R- Block, Patna, Bihar.

... ... Appellant/s Versus

1. Kanchan Kumari @ Kanchan Dubey D/o Late Vishwanath Dubey R/o Village- Dilian Koath, P.S.- Dawath, District- Rohtas.

2. Vijay Kumar Singh S/o Kamala Prasad Singh R/o Village- Noawn, P.S.-

Bikramganj, Distt.- Rohtas (Owner of offending Jeep No. BR24P1112).

3. Dadan Singh S/o Kesho Singh R/o Vill. Milki, P.S.- Dawath, Distt.- Rohtas (Owner of offending Jeep No. BR24P1112).

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Sanjay Kumar Bharti, Advocate For the Respondent/s : Mr.Rajesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT Date : 05-12-2022

Heard learned counsel for the parties.

2. The case has been preferred against the order

dated 25.2.2020 in M.V. Claim Case No. 109 of 2002 passed by

learned Additional District Judge-V-cum-Presiding Officer,

Motor Accident Claims Tribunal, Rohtas at Sasaram (henceforth

for short 'the Tribunal') by which the claim of the Kanchan

Kumari was allowed.

3. The facts relating to the case is/are as

follows:-

4. The lady, Kanchan Kumari was travelling in a Patna High Court MA No.671 of 2021 dt.05-12-2022

Jeep bearing Registration no. BR-24-P-1112 from Bikram to

Sasaram when it was hit by a truck near village Panar at Arrah-

Sasaram Highways.

5. As per the allegation, it was rash and

negligent driving on the part of the Jeep driver that led to the

accident as a result whereof, two passengers died and the lady

was seriously injured. This resulted into institution of Nokha

P.S. Case No. 23 of 2021 under sections 279, 337, 338 and 304-

A of the Indian Penal Code on 25.1.2021 against both the

vehicles i.e. the truck bearing registration no. BR-B-0172 and

the Jeep bearing registration no. BR-24P-1112.

6. The lady was taken to Primary Health Centre,

Nokha. Thereafter, she was shifted to Mukhopadhaya

Orthopaedics Centre, Saiadpur, Patna and heavy cost incurred in

her treatment.

7. Later, claim was filed in which she narrated

that she was trained in tailoring and embroidery and used to

earn between 10,000-15000 thousand and due to accident and

having suffered 72-75 disability, she is unable to carry out his

work.

8. The Jeep was insured with the National

Insurance Company at the time of accident. Patna High Court MA No.671 of 2021 dt.05-12-2022

9. The matter was contested whereafter 'the

learned Tribunal' passed the following reasoned order as

follows:

31. OP no. -1 is the insurance company

which admittedly has issued a valid

insurance policy of the offending

vehicle. Thee is o evidence on behalf of

the respondent No.1 to show that there

was any violation of the rules and terms

of policy by the OP no.2 and 3. Hence, I

am of the opinion that OP No.1 being

insurance company is liable to pay the

compensation on behalf of OP no.2 and

3. No Interim award was paid to the

injured.

Since the offending Vehicle was duly

insured, the OP no.1 (National

Insurance Company Ltd.) is hereby

directed to pay the compensation of Rs.

7,80,800/- (Rs Seven Lakh Eighty

Thousand and Eight Hundred Only)

within two months to the Claimant from Patna High Court MA No.671 of 2021 dt.05-12-2022

the date of order, failing which the OP

no.1 shall be liable to pay interest @

9%PA from the date of order till

realization. OP no.1 is directed under:-

a) Out of the total award amount

of Rs. 7,80,800/- (Rs Seven lakh

Eighty Thousand and Eight

Hundred Only) OP no.1 is

directed to keep the amount of Rs.

4,00,000/- in Fixed Deposit by

way of FDR for the maturity

period of five year with interest in

the name of claimant.

b) The concerned bank is directed

to release the remaining amount

of Rs. 3,80,800/- along with

interest in favour of claimant in

her saving bank account after

production of passbook of the

bank account near the place of

the residence with due

endorsement that no debit card or Patna High Court MA No.671 of 2021 dt.05-12-2022

cheque book has been issued or

debit card/cheque book has been

cancelled (if issued).

c) Withdrawal from the said

Account shall be permitted to the

claimant after due verification.

d) All the original FDRs shall be

retained by the concerned bank.

However, the statement

containing the FDRs number,

amount, date of maturity and

maturity amount shall be

furnished by the concerned bank

to the claimant/beneficiary. On

expiry of period of each FDR,

the Bank shall automatically

credit the maturity amount in

Saving Account of beneficiary.

The beneficiary shall intimate

regarding her bank and account

number for automatic credit of

the maturity amount.

Patna High Court MA No.671 of 2021 dt.05-12-2022

e) No loan, advance or premature

discharge of the FDRs shall be

permitted without permission of

this tribunal.

f) The maturity amount of the

FDRs alongwith interest thereon

be transferred to the saving bank

accounts of the beneficiary.

g) The liberty is given to the

claimant/injured to approach this

tribunal for release of further

amount in event of any financial

exigency.

10. Heard learned counsel for the appellant as also

the other side.

11. Learned counsel for the appellant submits that

'the learned Tribunal' framed the following issues:

(i) whether the claim of compensation

as alleged by the petitioner is

maintainable?

(ii) whether any accident took place

on dated 25.2.2001 by the rash and Patna High Court MA No.671 of 2021 dt.05-12-2022

negligent driving of Jeep driver BR-

24P-1112?

(iii) whether the petitioner sustained

permanent disablement due to the

accident?

(iv) whether the Jeep No. BR-

24P1112 was insured with OP no.-1

the National Insurance Company Ltd?

(v) whether the policy was enforced

at the time of accident?

(vi) whether the petitioner is entitled

for compensation as stated in the

petition or other wise?

12. Learned counsel for the appellant submits that

in view of the fact that the accident took place with the truck, it

was joint liability and as such the responsibility must have been

put on the truck also. He thus submits that although the

Insurance Company do not refute the fact that the accident took

place, the Jeep was insured with its Company and as such he

had the liability to pay, liberty should have been given to the

Insurance Company to take appropriate steps under the law of

land to fix the responsibility on the offending vehicle/truck Patna High Court MA No.671 of 2021 dt.05-12-2022

owner.

13. Having gone through the rival submissions, so

far as the order passed by 'the learned Tribunal', Rohtas at

Sasaram in M.V. Claim Case No. 109 of 2002 is concerned, this

Court do not find any error in it as the same has been explained

in a very appreciable manner and thus need no interference.

14. Thus, this Court does not find any merit in

M.A. No. 671 of 2021 and the same is hereby dismissed.

15. So far as the submission of the Insurance

Company that as the truck was also responsible for the accident,

liberty be given to proceed against it, this Court holds that

Insurance Company always have the remedy of taking

appropriate steps in accordance with law for the redressal of its

grievance.

16. After the order was passed, the learned counsel

for the appellant submits that the matter is fixed before 'the

learned Tribunal' for attachment of the property of the National

Insurance Company due to non-payment and as such some

relief may be granted in the I.A. No. 01 of 2022. He further

undertakes that the Company will be providing the

compensation amount alongwith the interest through RTGS

process in the bank account by 12.12.2022.

Patna High Court MA No.671 of 2021 dt.05-12-2022

I.A. No. 01 of 2022:

The aforesaid Interlocutory Application has been

preferred for staying the operation of the order dated 24.11.2022

contained in Memo No. 1005 dated 25.11.2022 in Execution

Case No. 02 of 2021.

In view of the fair submission made by the learned

counsel for the appellant that the payment process shall be

completed by 12.12.2022 through RTGS process in the bank

account, the further proceeding in Execution Case No. 02 of

2021 is stayed till 12.12.2022.

If however, contrary to the undertaking given by

the learned counsel for the appellant, the compensation amount

is not released by 12.12.2022, 'the learned Tribunal' will be free

to carry on the further proceeding effective 13.12.2022.

With the aforesaid observation, the I.A. No. 01 of

2022 is allowed.

(Rajiv Roy, J) Ravi/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          07.12.2022
Transmission Date       NA