Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 3106 (ALL)

National Insurance Co. Ltd. v. Roshan

2015-09-30

HULUVADI G.RAMESH, SHAMSHER BAHADUR SINGH

body2015
JUDGMENT Shamsher Bahadur Singh, J. These two appeals, one being First Appeal From Order No. 2070 of 2014 filed by appellant-National Insurance Co. Ltd. and the other being First Appeal From Order No. 2178 of 2014 filed by applicant-U.P.S.R.T.C., arise out of the one and same judgment and award dated 18.04.2014, passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 11, Meerut in Motor Accident Claim Petition No. 997 of 2012 whereby the tribunal has awarded compensation of Rs. 24,98,257/- to the claimants who are the wife and children of the deceased along with simple interest of 7 % per annum from the date of filing of the claim petition till the date of actual payment is made and also directed that Insurance Company shall be liable to pay the amount of compensation which shall be paid and recovered from U. P. State Road Transport Corporation. 2. As both these appeals arise out of the common judgment and award dated 18.04.2015 and the facts in both the appeals are similar to one another, therefore, both are being heard and decided together by a common order. 3. The facts, in brief, are that on 27.12.2011 at about 11.00 am., the deceased Satyapal was going to Village Durjanpur from village Meerut by a Tempo No. U.P.-AT No. 4398. It is alleged that when the tempo reached near the Lakhwaya village, a Bus bearing No. U.P. 17 T-1587, which was being driven very rashly, recklessly and negligently by the driver of the bus, coming from the wrong side dashed against the Tempo as a result of which Satypal and others who were sitting in the Tempo had died and some persons had also seriously injured in the same accident. The driver of the bus had fled away from the spot leaving the bus there. At the time of accident the deceased was aged about 50 years having sound health and was an employee in the Sub-Area Head Quarter Meerut Cantt. and receiving handsome salary of Rs. 25,000/- per month, left behind the claimants, i.e., wife and five children of the deceased, who were solely the dependent of the deceased. 4. On claim petition being preferred by the claimants, the tribunal awarded compensation of Rs. 24,98,257/- vide order dated 18.04.2014. and receiving handsome salary of Rs. 25,000/- per month, left behind the claimants, i.e., wife and five children of the deceased, who were solely the dependent of the deceased. 4. On claim petition being preferred by the claimants, the tribunal awarded compensation of Rs. 24,98,257/- vide order dated 18.04.2014. The liability to pay the amount of compensation was fastened upon the appellant-Insurance Company with further direction to the insurance company to satisfy the award by paying the compensation awarded to the claimants subject to its right to recover the said amount from the Regional Manager, UPSRTC, Meerut. 5. The submission of the learned counsel for the insurer is that the Bus, bearing No. U.P.-17-T-1587 was involved in the accident which was being driven rashly, recklessly and negligently, without having a valid permit and the UPSRTC shall only be liable to pay the amount of compensation but the finding recorded by the Tribunal that the Insurance Company would be firstly responsible to indemnify the amount of compensation to the claimants by giving right to the Insurance Company to recover the amount of compensation from the Regional Manager, U.P.SRTC is erroneous. 6. Cross objection raised by counsel appearing on behalf of U.P.S.R.T.C. by submitting that the Bus was attached with U.P.S.R.T.C. and the vehicle in question was insured with the Insurance Company. At the time of accident the bus was being run having valid permit of its route and in respect to the same an undertaking was also given by the Transport Authority Concerned.. The liability fastened upon the appellant-U.P.S.R.T.C. to indemnify the compensation on the ground that the vehicle did not posses the valid permit is against the facts of the case. His contention is that since the vehicle was insured with the Insurance Company, hence the liability to pay compensation ought to have been fastened upon the Insurer. Further submission is that the finding recorded by the Tribunal that the amount of compensation shall be recovered from the U.P.S.R.T.C. is erroneous. 7. His contention is that since the vehicle was insured with the Insurance Company, hence the liability to pay compensation ought to have been fastened upon the Insurer. Further submission is that the finding recorded by the Tribunal that the amount of compensation shall be recovered from the U.P.S.R.T.C. is erroneous. 7. It has been sought to contend that in the other connected matter arising out of the same accident being Motor Accident Claim Petition No. 1048 of 2012 filed by the relatives of one deceased-Shakeel had already been decided by the tribunal, copy of which has been annexed with the Stay Vacation Application, in which it has been rendered that the Insurance Company shall be liable to pay compensation because of the bus was insured by the insurance company as the bus was being run on the particular road having valid permit. The permit of the bus was granted by the concerned transport authority with a detailed undertaking of the State authority of U.P.S.R.T.C. and it is being intimated by the Regional Transport Authority that it is the domain of the U.P.S.R.T.C. to ply the vehicle on a particular road and no such permit is very much required. 8. Having heard learned counsel appearing on behalf of both the appellants, namely, the Insurer and the U.P.S.R.T.C. and the respondents, we are of the view that there would be no justification in fastening the liability to pay the compensation upon the U.P.S.R.T.C. as it has not committed any breach of condition of permit and the owner of the bus was possessing valid permit to ply the vehicle on a particular road granted by the concerned authority. Admittedly the connected matter arising out of the same accident has been decided and the liability fastened upon the Insurance Company to pay the compensation in terms of the award to the claimants. 9. In view of the submission advanced by counsel for all the parties and having gone through the record of the case, what we find is that the Bus in question was duly insured by the appellant-insurer and the permit of the bus is also said to be valid and it was the duty bound to the Insurance Company and not to the U.P.S.R.T.C. to pay the compensation in terms of the award made by the tribunal. 10. 10. Accordingly, we dismiss the appeal filed by the Insurance Company and modify the impugned award 18.04.2014 passed by the Additional District Judge, Court No. 11/Motor Accident Claims Tribunal, Meerut to the extent that the appellant-U.P.S.R.T.C. shall not be responsible to pay compensation in terms of the award. Respondent-Insurance Company shall be responsible to pay compensation in terms of award. The tribunal shall proceed to recover the compensation from the Insurance Company expeditiously within a period of three months from the date of receipt of a certified copy of this order and release the same to the claimants in terms of award, within a month from the date of deposit of the amount from the Insurance Company, awarded by the impugned judgment and award. 11. So far as the First Appeal From Order No. 2178 of 2014 filed by U.P.S.R.T.C. is concerned, we allow the same in view of the observations made herein above and the impugned award dated 18.04.2014 passed by the Additional District Judge, Court No. 11/Motor Accident Claims Tribunal, Meerut is hereby set aside. The Appellant-U.P.S.R.T.C. shall not be liable to pay the compensation in terms of the award. The Insurance Company is hereby held to be only liable to pay the amount of compensation in terms of award. The tribunal shall proceed to recover the compensation from the Insurance company, as directed above. 12. The statutory deposit Rs. 25,000/- deposited in this court shall be remitted to tribunal forthwith. No order as to costs.