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2022 DIGILAW 1328 (RAJ)

National Insurance Company Limited v. Badri Lal

2022-04-27

ANOOP KUMAR DHAND

body2022
JUDGMENT Anoop Kumar Dhand, J. - Instant appeal has been submitted by the appellant-Insurance Company against the judgment and award dated 20.03.2003 passed by the Court of Motor Accident Claims Tribunal, Aklera, District, Jhalawar in MAC case No. 33/2000 (for brevity 'the Tribunal') by which the claim filed by the claimants -respondents was allowed and the appellant-Insurance Company was directed to pay compensation of Rs. 1,72,000/- to the claimants-respondents. 2. The Tribunal after framing the charge, evaluating the evidence available on record and hearing the counsel, appearing for the parties, decided the claim petition of the claimants-respondents directing the appellant-Insurance Company to pay the compensation of Rs. 1,72,000/- to the claimants-respondents. 3. Feeling aggrieved by the impugned judgment and award dated 20.03.2003, the appellant-Insurance Company has submitted the instant appeal on the ground that the driver of the vehicle was not having any valid licence and the deceased was travelling in Tractor and no premium was taken for passengers hence, there was a breach of Insurance Policy and the Insurance Policy was not covered for the risk of the passengers travelling in the tractor. 4. Learned counsel for the appellant-Insurance Company has placed reliance upon the judgment of the Hon'ble Supreme Court delivered in the case of National Insurance Company Ltd. v. Savitri Devi and Ors. reported in 2013(11) SCC 554 wherein the Hon'ble Supreme Court has held that if the deceased persons have wrongly travelled in a vehicle and their risk was not covered as per the terms and conditions of the Insurance Company, then the Insurance Company may be directed to pay the amount of compensation to the claimant and to recover the same from the driver and the owner of the vehicle. 5. I have heard counsel for the appellant-Insurance Company as well as the counsel appearing on behalf of the claimants-respondents and gone through the impugned judgment and award dated 20.03.2003 and also the record of the case including the findings of fact recorded by the Tribunal on issue Nos. 3 & 4. 6. Bare perusal of the findings recorded by the Tribunal while deciding issue No. 4, even the Tribunal came to the conclusion that under the facts and circumstances of the case, the recovery right should have been given to the Insurance Company but while passing the final award in the operative portion, no such recovery rights have been given to the Insurance Company. Since the issue involved in this matter is no more res-integra as the Hon'ble Supreme Court in the case of National Insurance Company Ltd. v. Savitri Devi (supra) has already decided this issue which reads as under:- "After having gone through the award of the Claims Tribunal and the judgment and order passed by the learned Single Judge of the High Court, we are not able to understand as to how it has been found that the appellant-Insurance Company can still be held liable to pay the amount of compensation as there has been a categorical finding by both the courts recording that the vehicle in question was insured only as "goods carrying vehicle". The custom of carrying barat in the village on the said truck will not be sufficient to hold the appellant-Insurance Company liable to pay the amount of compensation. Admittedly, the appellant- Insurance Company would not know unless the accident takes place as to for what purpose the vehicle in question was being used. The terms and conditions of insurance policy are very clear and categorical and it creates a specific bar on carrying of any passengers, except the employees other than the driver, not exceeding six (6) in number, who should also come under the purview of the Workmen's Compensation Act." 7. In view of the discussions made above, the findings arrived at by the Tribunal while deciding the issue Nos. 3 & 4 are modified with a direction to the appellant-Insurance Company to recover the amount of compensation from the driver and owner of the offending vehicle in accordance with law With the above observations, the appeal stands disposed of. All pending application(s), if any, stand(s) disposed of. 8. Registry is directed to send back the record of the Tribunal forthwith.