Rajasthan High Court - Jodhpur
The National Insurance Company Limited vs Smt. Lajwanti And Ors ... on 2 December, 2023
[2023:RJ-JD:41787]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 577/2002
The National Insurance Company Limited, through its legally
constituted authority, Divisional Manager, Divisional Office,
Residency Road, Jodhpur
----Appellant
Versus
1. Smt. Lajwanti W/o Late Shri Amar Chand
2. Miss Jyoti D/o Late Shri Amar Chand (Minor)
3. Kumbha Ram S/o Late Shri Amar Chand (Minor)
Both minors are represented through their natural guardian
mother Smt. Lajwanti.
4. Hardutt Ram S/o Shri Kanshi Ram
5. Narayni Devi W/o Shri Hardutt Ram
All by caste Swami, residents of village Parlika, Tehsil Nohar,
District Hanumangarh
----Claimants
6. Shri Narendra Singh S/o Shri Singhara Singh, by caste Majabi
Sikh, resident of Kharal Khurd, P.S. Tada, District Hushiyarpur
(Punjab)
7. Avtar Singh S/o Shri Harbans Singh, by caste Majabi Sikh, R/o
Barayan, P.O. Basti, District Jallandhar (Punjab).
----Non Applicant No.1 & 2
For Appellant(s) : Mr. Jagdish Vyas
For Respondents : Mr. I. R. Choudhary with
No.1 to 5 Ms. Ashu Devi
Mr. Adbul Kadir
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment
02/12/2023
1. The challenge in the present appeal is to the award dated
06.04.2002 passed by Judge, M.A.C.T., Nohar, on the file of MAC
Case No.11/1997, wherein and whereby the claim of the
respondents herein, the legal heirs of the deceased, was allowed
[2023:RJ-JD:41787] (2 of 4) [CMA-577/2002]
and a compensation of Rs.3,52,000 was awarded and ordered the
appellant-Insurance Company and the owner of the vehicle the
aforesaid compensation jointly and severally.
2. The present appeal is filed by the Insurance Company. The
main grievance of the Insurance Company is that the evidence
produced by the Insurance Company clearly demonstrates that the
license produced by the claimants under Exhibit-7 was proved to
be a fake license. According to the learned counsel for the
appellant, the evidence of NAW-1 and NAW-2 under Exhibit A-1
and A-2 clearly demonstrates that Exhibit-7 was found to be a
fake one. According to him, there is no appearance from the
owner and driver of the vehicle and no pleadings were placed on
record claiming that the vehicle was being handed over believing
the fake license to be a genuine one. In such a circumstance only,
liability can be fixed on the Insurance Company. In absence of
such claim from the owner, the Insurance Company cannot be
allowed to incur the liability.
3. The learned counsel appearing for the respondent-claimants
opposed the contention of the learned counsel for the appellant.
According to him the Tribunal was right in holding that the
Insurance Company is liable to pay compensation, and such a
finding cannot be disturbed.
4. The evidence under Exhibit-7 shows that the license was
allegedly issued from UNA Transport Authority, Himachal Pradesh
and such a license recovered from the possession of the driver
who had done the accident. The evidence of NAW-2 and Exhibits
A-2 and A-3 clearly show that the license which allegedly produced
under Exhibit-7 was not issued from the office of UNA Transport
[2023:RJ-JD:41787] (3 of 4) [CMA-577/2002]
Authority, Himachal Pradesh, and the Tribunal did not believe the
evidence of NAW-2 on the ground that he is not a licensing officer
but he is only clerk from the office.
5. The Tribunal ignored the fact that Exhibits A-2 and A-3 are
certified copies obtained from the public office. They are public
documents and they can be evaluated even in the absence of
examination of NAW-2. The person who disputes the genuineness
of such the document has to be lead the evidence to disbelieve
such the document. In spite of that, the Insurance Company has
examined the clerk of the issuing Authority to prove the
documents Exhibits A-2 and A-3, which evidence is sufficient. The
evidence placed on the record clearly demonstrates that the
license under Exhibit-7 is a fake license. The owner of the vehicle
can defend his exoneration if he pleads he handed over the vehicle
to the driver believing that the license produced by him was to be
genuine one. Such a pleading is lacking in the present case. In
fact, no appearance was made by the owner before the Tribunal as
well as before this Court. Such benefit is not available to the
owner. However, in the present case, the deceased was third party
and is unconcerned with the breach of terms and conditions in-
between the owner of the vehicle and the Insurance Company.
The claimants interest is protected by the Statute. Therefore,
Insurance Company is to comply the award and recover the said
amount of compensation on the strength of this award.
6. In the result, the appeal is allowed in part. The findings of
the Tribunal fastening the liability on the Insurance Company
alone is set aside. The Insurance Company is directed to deposit
the entire amount of compensation, if not deposited, and recover
[2023:RJ-JD:41787] (4 of 4) [CMA-577/2002]
the same from the owner of the vehicle. The principle amount and
interest, if any deposited, shall be recovered by the Insurance
Company on the strength of this award.
(MUNNURI LAXMAN),J
3-mSingh/-
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