Rajasthan High Court
National Insurance Co Ltd vs Smt Kanij And Ors ... on 10 October, 2023
Bench: Ashutosh Kumar
[2023:RJ-JP:28418]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3622/2008
National Insurance Company Ltd. Through Its Branch
Manager, Patwari Bhawan, Katchahari Road, Ajmer,
Having Its Regional Office At Ambedkar Circle, Jaipur
Through Its Regional Manager
----Non-Claimant/Appellants
Versus
1. Smt. Kanij W/o Abdul Wahid, By Caste Musalman, R/o
House No. 1564/3, Phoolaganj, Nasirabad, District Ajmer
Raj.
2. Gagan @ Paramjeet Singh S/o Jogindar Singh, By Caste
Sikh Punjabi, R/o Village And Post Fatehpur, Police Station
Amritsar Sadar, District Amritsar At Present R/o Through
58, Transport Nagar, Near New Sabji Mandi, Ajadpur, New
Delhi.
3. Alang Credit And Holding Pvt. Ltd., M-111-112, Rajiv
Gandhi Market, Shakarpur Delhi.
----Respondents
For Appellant(s) : Mr. Tripurari Sharma
For Respondent(s) : -
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
10/10/2023
1. The instant appeal has been filed by the appellant-Insurance
Company under Section 173 of the Motor Vehicles Act, 1973
against the judgment and award dated 02.02.2008 passed by
Additional District & Sessions Judge (Fast Track) No.4, Ajmer
(hereinafter referred to as the 'Tribunal') in MAC Case
No.672/2005, whereby the learned Tribunal has partly allowed the
claim petition filed by the respondent No.1-claimant (hereinafter
[2023:RJ-JP:28418] (2 of 4) [CMA-3622/2008]
referred to as the 'claimant') and awarded a compensation of
Rs.36,420/- in favour of the claimant.
2. The claimant submitted a claim petition claiming
compensation of Rs.13,34,500/-. On the basis of pleadings of the
parties, the learned Tribunal framed the issues and evaluated the
evidence on record. After hearing learned counsel for the parties,
decided the claim petition of the claimant and passed the
impugned judgment and award. Hence, the present appeal.
3. Heard learned counsel for the parties and perused the
material available on record.
4. It transpires from the perusal of the impugned judgment
dated 02.02.2008 passed by the learned Tribunal that the
claimant-respondent-Smt. Kanij has sustained grievous injuries in
the accident and she was hospitalized for her treatment. For the
grievous injuries the learned Tribunal has awarded Rs.5,000/-;
Rs.1000/- for simple injuries, Rs.24420/- for actual medical
expenses; Rs.3000/- for transportation expenses and nutrition
diet and Rs.3000/- for mental and physical agony and thus, total
Rs.36,420/- has been awarded as compensation to the claimant,
which cannot be said to be on higher side.
5. It was averred on behalf of the Insurance Company before
the learned Tribunal that the driver of the offending vehicle did not
possess valid and effective driving license (DL) to drive the
commercial vehicle and simply possess driving license to drive
Light Motor Vehicle and thus, accident occurred because driver of
the offending vehicle was not having valid and effective driving
license. The learned Tribunal has considered this aspect of the
matter and held that the offending vehicle - tractor was insured
[2023:RJ-JP:28418] (3 of 4) [CMA-3622/2008]
with the Insurance Company and the Insurance Company has
failed to prove that accident occurred because driver of the
offending vehicle was not having valid and effective driving
license.
6. The award passed in the impugned judgment is less than
Rs.50,000/-. The Coordinate Bench of this Court in the case of
New India Assurance Company Limited Vs. Chetna Bansal &
Ors in SB Civil Misc. Appeal No.03/2000 has held thus :
"4) This Court therefore impress upon the insurance
companies that despite outer limit of Rs.10,000/-
contained in Section 173(2) of the Motor Vehicles Act,
1988, they ought to adopt a uniform policy as to
against award of what amount of compensation, they
should not file appeal. At the same time, considering
substantial fall in the value of rupee as compared to
1988 when the present Motor Vehicles Act, 1988 was
enacted by the Parliament, there is also a case of
review of the limit of Rs.10,000/- under Section
173(2), if not upto Rs.1,00,000/-, an amount of
Rs.50,000/- should at least be fixed against which
the appeal should be made not maintainable. This is
however a matter of legislative policy. A copy of this
order should therefore be also endorsed to the
Secretary Ministry of Finance, Banking Division for
initiating the process by raising limit of Rs.10,000/-
to Rs.50,000/-.
5) A copy of this order should also be endorsed to the
Headquarters of National Insurance Company Ltd.,
Oriental Insurance Company Ltd., United India
Insurance Company Ltd., New India Assurance
Company Ltd., General Insurance Corporation of
India etc.etc., which may either individually or
collectively, in consultation with each other jointly
[2023:RJ-JP:28418] (4 of 4) [CMA-3622/2008]
frame policy as to what should be the limit of the
amount against which appeal should not be filed.
6) This appeal however is dismissed with costs of
Rs.10,000/-, to be deposited by the appellant-New
India Assurance Company Limited with the Rajasthan
Legal Services Authority, Jaipur within a period of
three months."
7. Considering the opinion of this Court in the case of Chetna
Bansal (supra), no interference is warranted in the present appeal
and, therefore, the same is dismissed accordingly.
8. Stay application too stands dismissed.
(ASHUTOSH KUMAR),J
A. ARORA /-66.
Powered by TCPDF (www.tcpdf.org)
