United India Insurance Co. Ltd vs Maya Devi
2021 Latest Caselaw 11056 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 464/2021 United India Insurance Co. Ltd., T.p. Hub. 2Nd Floor, 74-A, Bhati N. Plaza, Main Pal Road, Jodhpur

----Appellant Versus

1. Maya Devi W/o Gorakh Puri, Musalmano Ki Dhani, Dudhiya, Tehsil And Police Station Dhorimanna, Dis. Barmer

2. Shyam Puri S/o Gorakh Puri, Musalmano Ki Dhani, Dudhiya, Tehsil And Police Station Dhorimanna, Dis. Barmer

3. Chetan Puri S/o Gorakh Puri, Musalmano Ki Dhani, Dudhiya, Tehsil And Police Station Dhorimanna, Dis. Barmer

4. Prem Puri S/o Gorakh Jpuri, Musalmano Ki Dhani, Dudhiya, Tehsil And Police Station Dhorimanna, Dis. Barmer

5. Ismail Khan S/o Asharaf Khan, Musalmano Ki Dhani, Dudhiya, Tehsil And Police Station Dhorimanna, Dis. Barmer

6. Jalaluddin S/o Mohd. Sadik, Musalmano Ki Dhani, Dudhiya, Tehsil And Police Station Dhorimanna, Dis. Barmer

----Respondents

For Appellant(s) : Mr. T.R.S. Sodha.

HON'BLE MR. JUSTICE ARUN BHANSALI Judgment 16/07/2021

This appeal is directed against the judgment and award

dated 19.12.2020 passed by the Motor Accident Claims Tribunal,

Barmer ('the Tribunal'), whereby, the Tribunal has awarded a sum

of Rs.9,54,300/- as compensation alongwith interest @ 7% per

annum from the date of application.

The application for compensation was filed with the

submissions that on 18.9.2016 one Gorakh Puri was driving his

motorcycle when the offending vehicle a Bolero, which was being

driven by its driver - Ismail Khan rashly and negligently, collided

with the said motorcycle on the wrong side, resulting in, injuries

(2 of 3) [CMA-464/2021]

to Gorakh Puri, to which he succumbed. Based on the said

allegations, compensation to the tune of Rs.56,70,000/- was

claimed.

The application for compensation was contested by the

appellant - Insurance Company with the submissions that FIR in

the matter was lodged with the allegation that it was a case of

murder and subsequently now the same is sought to be converted

into a rash and negligent driving case and, therefore, the

appellant - Insurance Company for violation for policy conditions,

cannot be held liable for payment of compensation.

The Tribunal framed four issues. On behalf of the claimants,

two witnesses were examined and 17 documents were exhibited.

The appellant - Insurance Company and other respondents did not

lead any evidence.

After hearing the parties, the Tribunal came to the conclusion

that the accident occurred on account of rash and negligent

driving by driver of the offending vehicle. The plea regarding the

death occurring on account of wrong doing was negated. After

assessing the compensation essentially based on the judgments of

Hon'ble Supreme Court in National Insurance Company Ltd. v.

Pranay Sethi & Ors.: AIR 2017 SC 5157 and United Indian

Insurance Company Ltd. v. Satinder Kaur: Civil Appeal

No.2705/2020, decided on 30.6.2020, compensation to the tune

of Rs.9,54,300/- was awarded.

It is vehemently submitted by learned counsel for the

appellant that from the FIR lodged in the matter as well as the

evasive statement of the first informant - PW/2 Babu Puri, it is

apparent that the present was a case of murder and, therefore,

the Tribunal was not justified in awarding the compensation.

(3 of 3) [CMA-464/2021]

I have considered the submissions made by learned counsel

for the parties and have perused the judgment impugned.

Admittedly, the FIR was lodged with the allegations that the

purported accident was outcome of enimity between the parties,

which resulted in the death, however, the police after investigation

filed challan under Section 304 IPC. The Tribunal on the

consideration of the said aspect of filing of challan under Section

304 IPC and the fact that the said aspect was not contested by the

family of the deceased, came to the conclusion that merely on

account of lodging of the FIR with the allegations of murder is not

conclusive and in view of the site map etc. came to the conclusion

that accident occurred on account of rash and negligent driving by

driver of the offending vehicle.

The said finding recorded by the Tribunal cannot be faulted.

Once the challan has been filed by the police under Section 304

IPC, which has not been contested by the family of the deceased,

it is apparently not open for the Tribunal to come to a different

conclusion regarding the cause of death of deceased.

In view thereof, the plea raised in this regard by the

appellant - Insurance Company has no substance. No other point

was argued.

In view of the above discussion, there is no substance in the

appeal. The same is, therefore, dismissed.

(ARUN BHANSALI),J 21-Sumit/-

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