Research › Search › Judgment

Patna High Court · body

2006 DIGILAW 718 (PAT)

Munna Kumar Singh v. National Insurance Company

2006-08-19

MRIDULA MISHRA

body2006
Judgment 1. Heard counsel for the petitioner, the counsel appearing for the Insurance Company as well as the counsel appearing for the private opposite parties. 2. Petitioner is aggrieved by the order dated 8.9.2004 passed by the 2nd Additional District Judge, Bhojpur, Arrah-cum-Chairman Motor Vehicles Tribunal in M.V Case No. 20 of 1993. 3. By this order the Chairman of Motor Vehicles Tribunal has refused the petitioners prayer to review the order of the award dated 30.11.1996/6.12.1996 passed in M.V. Case No. 20 of 1993 despite order of this Court dated 30.9.2002 in M.A. No. 460 of 2000. 4. In M.A. No. 460 of 2000 an order was passed by Hon ble Mr. Justice Radha Mohan Prasad placing reliance on the decision of Supreme Court in the case of United India Insurance Co. Ltd. Vs. Rajendra Singh reported in (2000)3 S.C.C. 581 wherein it has been held that in case of alleged fraud the Tribunal must entertain an application filed by the aggrieved party under Sections 151, 152 and 153 C.P.C. 5. Petitioner is the owner of the vehicle which met with an accident in which the son of the opposite party no. 4 died. The opposite party no. 4 and others filed their claim case vide M.V. Case No. 20 of 1993. No notice was ever issued to petitioner and an order was passed for exparte hearing of the case. In support of this fact complete order-sheets of the M.V. Case No. 20 of 1993 has been annexed. Though the petitioners claim is that his vehicle was insured with the National Insurance Company, Sasaram Branch but no one appeared from Sasaram Branch of National Insurance Company. Without any notice the Manager of National Insurance Company, Arrah Branch had appeared. The plea taken by the insurance company was that the vehicle in question was not insured at the time of accident. The Tribunal relying on such evidence fixed liability to make payment of 50% of the compensation amount against the petitioner. The claim of the petitioner is that the vehicle of the petitioner was duly insured at the time with the National Insurance Company, Sasaram Branch. 6. Considering all these materials I find that the impugned order which has been passed by the Chairman of Motor Vehicle Tribunal is completely without jurisdiction. The order has been passed in total disregard of the decision of the Apex Court. 6. Considering all these materials I find that the impugned order which has been passed by the Chairman of Motor Vehicle Tribunal is completely without jurisdiction. The order has been passed in total disregard of the decision of the Apex Court. Accordingly the impugned order is set aside. The Chairman, Motor Vehicle Tribunal is directed to proceed in the matter and dispose of the petition filed by the petitioner under Sections 151, 152 and 153 C.P.C. expeditiously considering the fact that Compensation amount has not been paid to the claimant for such a long time because of on going dispute. However, it is made clear that till the disposal of this matter no coercive steps shall be taken against the petitioner with regard to the concerned award in M.V. Claim Case No. 20/93 pending in the Court of Certificate Officer, Sasaram.