National Insurance Company Limited vs Meera Devi And Ors

Heard, learned counsel for the appellant.

This appeal has been preferred by the Insurance Company against the award dated 26.04.2018 in Claim Case No.52 of 2013 passed by learned

Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribag whereby the claimants have been awarded compensation to the tune of

Rs.11,78,800/-along with simple interest @ 6% per annum from the date of framing of issue i.e. 23.02.2016 with penal clause.

Learned counsel for the appellant has submitted that the Insurance Company has contested the case on ground that owner of vehicle has violated the

terms and conditions as envisaged under Section 149 (2) of the Motor Vehicle Act. To satisfy the Court, the appellant/Insurance Company has

produced a document which was issued by a competent authority vide Memo No. 873 dated 13.02.2014 issued from the office of D.T.O., Hazaribag

but learned Tribunal has refused to consider the same on the ground that Insurance Company has not produced any competent person to prove the

document.

Learned counsel for the appellants has further submitted that the learned Tribunal has not taken note of Rules 21 and 23 of the Bihar/Jharkhand Motor

Vehicles Rules, 1992, which reads as follows:-

“21. Supply of copies of particulars of driving licence â€" A licensing authority may in its discretion supply copies of particulars of

driving licence issued by it, to any person who may apply for the same along with a fee prescribed under rule 6.

Rule 23, which reads as follows:-

Maintenance of State Register of Driving License â€

(1) Every licensing authority shall furnish a monthly report in duplicate, containing particulars required in the form of state register of

Driving Licenses, prescribed by the Central Govt., to the State Transport Commissioner, within ten days of the succeeding each month.

(2) The State Transport Commissioner shall forward a quarterly compiled report in duplicate, of particular received from all the licensing

authorities, to the Director (Transport-Research) Ministry of Surface Transport, New Delhi within fifteen days of the succeeding month after

the concerned quarter.

(3) Notwithstanding anything contained in sub-rules (1) and (2) the State Govt. may from time to time issue directions to the licensing

authorities or the State Transport Commissioner for the purpose of carrying into effect the provision of Section 26.

(4) The State Transport Commissioner shall forward a complied report in duplicate of all reports received from all the licensing authorities

to the Ministry of Surface Transport, Govt. of India within 15 days of the succeeding month after a succeeding quarter.â€​

And Rules 6 (viii) of Bihar/Jharkhand Motor Vehicles Rules, 1992, which says that:

“in respect of every copy of particulars of a driving licences, under Rule 21, ten rupeesâ€​ be paid as a fee for issuance of copy.

Learned counsel for the appellants has further submitted that D.T.O. has issued a document vide Memo No. 873 dated 13.02.2014 but learned

Tribunal has erroneously not considered the same contrary to Rule 21 and 23 of the Motor Vehicle Rules, 1992. learned counsel for the appellants

thus has submitted that entire liability will shift upon the owner of the insured vehicle and not upon the insurer i.e. National Insurance Company

Limited as such, notice is necessary but there is delay of 64 days in preferring the appeal, which has been caused by the Insurance Company in taking

necessary permission from the competent authority as such, notice may be issued to the respondents.

Under the aforesaid circumstances, let notice be issued to the respondent No.4, Ranjeet Kumar Singh, S/o Ram Bharosha Singh, Resident of Suresh

Colony, Sadar, P.O & P.S.- Sadar, District â€" Hazaribag (owner of Truck No. JH-02R-7106) and respondent No.5 Manoj Kumar, S/o- Late Vishnu

Sao. Resident of village â€" Oriya, P.O. & P.S.- Mufasil, District â€" Hazaribag (Driver of Truck No. JH-02R-7106) under both process i.e. under

registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within a period of two weeks with condition that

appellant/Insurance Company shall deposit the entire awarded amount along with the interest before the learned Tribunal within a period of 12 weeks

from today. On deposit of such amount, the learned Tribunal shall issue notice to the claimants and disburse the amount. Since the accident has taken

place in year 2013 and the claim case was also filed in the year 2013 and decided on 26.04.2018 as such, the litigation is in between the two business

groups, one is the Insurance Company and other is the owner for which claimants should not suffer.

The appellant is directed to file affidavit before this Court regarding payment of the said amount, if the said amount paid by the Insurance Company,

the learned Tribunal shall not proceed in the matter.

Let the case be listed for final adjudication of liability upon the parties after service of notice.