The Oriental Insurance Company Ltd. v. Smt. Dashoda Bai And ANR.
This judgment came from a scanned document and its text layer is unreliable — words may be garbled. Check the original PDF before relying on any passage.
IN_THE HONBLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.fC) N0. -SS-3 / 2014 (S.B.) APPELLANT •^INSURER) le Oriental Insurance Co.Ltd..''
Kampthi Line, Rajnandgaon, Tahsil & Distt. Rajnandgaon-fC.G.)
Versus
RESPONDENTS Smt. Dashoda Bai, Aged 42 years, W/o Shri Kunwar Singh Dhurve, Caste - Gond, R/o Village Kanda Para (Kharhoda Khurd), P.S.
& Tahsil - Bodla, District Kabirdham-fC.G.) DRJVER-OWNER Dilchand Mangeskar, Aged 28 years S/o Shri Mahesh Das, R/o Village - Khairwar, P.S. - Piperia, Tahsil & District - Kabirdham-fC.G.) MISC. APPEAL U/S 173 OF THE MOTOR VEHICLES ACT 1988
HIGH COURT OF CHHATTISGARH AT BILASPUR (Single Bench: Hon'ble Shri Justice P. Sam Koshyl M. A. (C) No. 593 of 2014 The Oriental Insurance Co.
Ltd.
VERSUS
Appellant Smt.
Dashoda Bai another and Respondents
Present:
Shri Raj Awasfhi, counsel for the appellant.
XMV. SSKS»aWR.
(24.i2.20i'tyf,yy way of the inst^nt,^appeal under Se<MQ^g|i73 of Motor ^:"""e\.s'''f^^\s ../r-5 ^""'^sljyf ^t^^\if^'.^^.i'^€K:
'f"\ '^'sy ^ Act the a.pp^lii^g^il^cstnce CompEmy hai!s,arfilallenged ."i'i f.r^\i,^'
lassed by the Ntotor Accident the award dated 14j f-.'s "'ift;.
Claims Tribunal, Kabir|^an^ l&vardha) in M.A.C.C. No.03/ 11. ^•^^^^^X-f^lC'^^ ^^ ^^^z^^xxr^^-i^^£TAsTA 2.
Facts leading'ftQ&tBiRdiSStatiy'appeal are that the claimant s^ before the Tribunal h^^e^p^claim application under section 166 of Motor Vehicles Act seeking compensation for the grievous injuries sustained by her from the accident that took place on 26.08.2008. According to the clsumant/respondent No.l, on the date of incident when she was retuming to her village from Raipur, a Jeep bearing registration No. CG09 ZD 5027 which was owned by respondent No.2 eind was insured with the present appellant dashed against the Jeep in which she was travelUng as a result of which she sustained grievous injuries. It is pertinent to mention that at the relevant point of time the vehicle was being driven by the owner of the said Jeep i.e.
-3to the date of accident, the owner and driver of the vehicle got anofher endorsement made on the driving license to the effect that he has also been permitted to drive transport vehicle w.e.f. 19.09.2008 which according to the counsel for the appellant, prima facie, estabUshes the fact that at the time of accident the driver Was not having a valid driving license for operating a transport vehicle.
6.
However, on perusal of the record particularly the award passed by the •3^1U<1 |||i|||le^l|tihat the Insurance Company has n^jB^eaa to adduce any evidtt8yof|a|e concemed RTO t^^^&lish the fact that,»^,whether the drffwfff^mer of the ^Bending vehicle at|hfe|^J|yJ8i||j|>Qint of time had SLSV^S& license or not.
7.
Even otherwise, tlUfcl/il^lBer is no longer res inteara on .p/il?iC\EAyi Jl account of the fact >,-ordinate Bench of this High Coiu-t in the case of NSEMtjgBfiBSahu v. Smt. Kumari Sahu and <-l<^^q ufi^ Others reported in 2014 (2) C.G.L.J. 232 relying upon a series of decisions of the Supreme Court has held that if the driver/owner at the relevant point of time was having a license for driving a LMV and that the vehicle involved in the accident happens to be a LMV, the Insurance Company cannot be absolved of its liability for payment of compensation.
In view of the decision rendered by the Co-ordinate Bench of this High Court in the case of Naresh (Supra) which has subsequently also been relied upon by this Bench in the case of Oriental Insurance Company Limited v. Niraj Dani and others in M.A.(C) No. 11 of 2007 dated 28.10.2014, this Court is of the opinion that Ae^g-punds raised
.,-'- •^ :'^ \i..
^.
by the counsel for the appellant are not sustainable and the appeal being devoid of merit deserves to be and is accordingly rejected.
8.
However, the period of time for depositing the entire amount is further extended for another period of 45 days from today and in the event, the Insurance Company fails to deposit the awarded amount within 45 days, the penal interest @ of 9% awarded by the Tribunal shall remain in tact. Sd/- P.Sam Koshy ^- Judge 'arfff/S./'SW&f ^ff{fKS'Wih''M fs 'i ] <iji%j'ri(tq<tf <-{s:W^ uPRT