Rajasthan High Court - Jodhpur
The Oriental Insurance Co. Ltd vs Yaduveer Singh on 7 June, 2022
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 716/2022
The Oriental Insurance Co. Ltd., Through Incharge, T.p. Claims
Hub, 637-B, 4Rth Floor, Bhansali Tower, Residency Road,
Jodhpur. (Insurer Of Car No. Rj-22-Ca-1226)
----Appellant
Versus
1. Yaduveer Singh S/o Katori Ji, Aged About 59 Years, B/c
Jaat, R/o Budhvari Kalla, Bharatpur (Raj.)
2. Maya W/o Yaduveer Singh, Aged About 54 Years, B/c
Jaat, R/o Budhvari Kalla, Bharatpur (Raj.)
3. Pushpendra Singh S/o Yaduveer Singh, Aged About 29
Years, B/c Jaat, R/o Budhvari Kalla, Bharatpur (Raj.)
4. Smt. Neeraj Devi W/o Rajveer Singh, Aged About 31
Years, D/o Yaduveer Singh, B/c Jaat, R/o Punth,
Bharatpur (Raj.
5. Lokendra Singh S/o Karan Singh, B/c Jaat, R/o Kurvada,
Kumher, Bharatpur (Raj.). (Driver Of Car No. Rj-22-Ca-
1226)
6. Ramesh Kumar S/o Sukh Lal, B/c Suthar, R/o 533, Bhakto
Ki Jhopdi, Khivandi, Sumerpur, Tehsil Sumerpur, Distt. Pali
(Raj.) (Owner Of Car No. Rj-22-Ca-1226)
----Respondents
For Appellant(s) : Mr. Rishi Chouhan
For Respondent(s) : Mr. Nitesh Mathur, for respondents
nos.1 to 4
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
Date of order 07/06/2022
Heard learned counsel for the appellant-Insurance Company
and learned counsel appearing for the respondents-claimants on
stay application.
(2 of 4) [CMA-716/2022]
The instant Civil Misc. Appeal under Section 173 of the Motor
Vehicles Act,1988 (hereinafter referred to as "the Act" for short) is
preferred against the judgment and award dated 21.02.2022
passed by the learned Judge, Motor Accident Claims Tribunal, Pali
in MACT Case No. 87/2018, whereby the learned Tribunal while
partly allowing the claim petition filed by the respondents-
claimants awarded a sum of Rs.35,81,937/- with interest @6%
from the date of filing of the claim petition i.e. 7.5.2018.
Learned counsel for the appellant-Insurance Company
challenging the impugned judgment and award submits that the
policy was an "Act only policy" and, therefore, the liability of the
appellant- Insurance Company only is to cover the risk of a third
party. It is also submitted that the deceased being the occupant of
the vehicle in question cannot be construed as a third party. The
fact of the matter remains that the deceased was a gratuitous
passenger.
In support of his contentions, learned counsel for the
appellant-insurance company relied upon the following
judgments:-
(1) Oriental Insurance Company Ltd. Vs. Meena Variyal and
Others reported in 2007 ACJ 1284.
(2) Oriental Insurance Company Ltd. vs. Sudhakaran K.V. Vs.
Others (Civil Appeal No. 3634 of 2008) decided on
16.05.2008.
(3) General Manager, United Insurance Company Ltd. Vs. M.
Laxmi & Others reported in 2009 DNJ (SC) 89.
(4) Leeladhar Vs. Mahendra Singh and Others (S.B. Civil
Misc. Appeal No.211/2002) decided on 18.02.2021/
(5) United India Insurance Company Ltd. Vs. Narsingh
Tanwar and Another (S.B. Civil Misc. Appeal No.658/2021)
decided on 15.11.2021.
(6) The New India Assurance Company Ltd. Vs. Panchi Devi
and Other (S.B. Civil Misc. Appeal No.2995/2018) decided on
3.11.2018.
(3 of 4) [CMA-716/2022]
(7) United India Insurance Company Ltd., Jodhpur Vs. Smt.
Hudi and others (S.B. Civil Misc. Appeal No.765/2010)
decided on 3.12.2013.
Thus, it is submitted by the learned counsel for the
appellant-insurance company that the effect and operation of
the impugned judgment may be stayed.
Per contra, learned counsel appearing for the
respondents-claimants submits that the appellant-insurance
company is under obligation to pay the awarded amount. It
is submitted that as per the policy, the risk of a third party is
also covered. It is further submitted that the deceased was
not the gratuitous passenger. In alternative, learned counsel
for the respondents-claimants submits that a direction to pay
and recover of the awarded amount may be issued. In
support of his contentions, learned counsel for the
respondents-claimants relied upon the judgment delivered in
the case of Priti (Kumari) D/o Ram Karan vs. Amar Singh and
Others reported in 2022(2) DNJ (Raj.) 433.
I have bestowed my consideration to the arguments
advanced by the learned counsel for the respective parties. It
is not in dispute that the insurance policy was only an "Act
only Policy" and the deceased himself was one of the
occupants of the vehicle.
The matter requires consideration.
Admit.
Issue notice to the respondents No.5 and 6. Issue
notice to the stay application also, returnable within a period
of six weeks.
Call for record.
(4 of 4) [CMA-716/2022]
In the facts and circumstances of the case, meanwhile
the effect, operation and execution of judgment and award
dated 21.02.2022 passed by the learned Judge, Motor
Accidents Claims Tribunal, Pali in MACT Case No. 87/2018
shall remain stayed qua the appellant-Insurance Company.
(MADAN GOPAL VYAS),J
214-Jagjeet/-
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