New India Assurance Co. Ltd vs Majlum Bibi And Ors

The appellant has preferred this appeal against the award dated 21.12.2015 passed in Motor Vehicle Accident Claims Case No.15/03 passed by

Motor Vehicle Accident Claim Tribunal-cum-District Judge-III, Deoghar whereby the claimants have been awarded compensation to the tune of

Rs.3,41,400/- (out of which Rs.50,000/- has already been paid under section 140 of the MV Act), as such Rs.2,91,400 along with interest @6% per

annum from the date of the application till date of realization and if the awarded amount is not paid within two months then that shall carry interest

@12% per annum till realization.

Learned counsel for the appellant has submitted that there is a delay of 476 days in preferring the appeal, for condonation of the same, I.A.

No.5806 of 2017 has been preferred. The reason has been assigned in paragraphs-3 to 7 of the Interlocutory Application. Learned counsel for the

appellant has assailed the impugned award on grounds that the owner of the offending vehicle has not discharged his duty by following the terms and

conditions of the policy by producing the permit and the driving license of the driver of the offending vehicle, as such this case is squarely covered by

the judgment of the Apex Court in the case of Pappu & Ors. vs. Vinod Kumar Lamba & Anr. as reported in (2018) 3 SCC 208. Learned counsel for

the appellant has submitted that the Tribunal ought to have taken notice of the fact that the driver and the owner of the offending vehicle has appeared

but they have failed to produce those two documents, as such, prejudice has been caused to the Insurance Company and this Court may set aside the

impugned award absolving the liability of the Insurance Company.

Learned counsel for the Owner and Driver has vehemently opposed the prayer and has submitted that the Tribunal while deciding the issue nos.

(vi) and (vii) at para-12 of the impugned award has categorically held that Insurance Company could not bring any iota of material on record to

suggest even that the driver of the bus was not holding valid driving license or owner of the vehicle was not holding valid route permit or fitness

certificate, or was plying the said bus on the route not prescribed in the permit, as such, the Tribunal has given a finding that the owner of the bus has

not committed breach of any terms and conditions of the insurance policy or the provisions of the M.V. Act, as such, this Court may not interfere with

the same.

Learned counsel for the Driver has further submitted that the driver has also filed application along with his driving license number, but no contrary

evidence has been brought on record to refute the assertions made by the owner and driver of the vehicle, as such, this court may not interfere with

the same.

Counsel for the respondents have further submitted that delay of 476 days has not been properly explained by the appellant, as such, delay may not be

condoned.

Learned counsel for the Claimants has submitted that claim amount has not been paid to the Claimants upon which counsel for appellant has

submitted that pursuant to the order passed by this Court vide order dated 17.08.2017, 50% of the compensation amount of Rs.3,41,400/- has already

been deposited by the Insurance Company.

Heard learned counsel for the appellant and respondents and perused the materials brought on record. The Insurance Company has not brought any

evidence in support of their contention. The owner has categorically stated in his written statement that all the valid papers are with him and no

contrary evidence has been brought on record by the Insurance Company.

Under the aforesaid circumstances, this Court is not inclined to accept such submission of the appellant. Accordingly, the appeal being devoid of any

merti is dismissed.

Since the appeal has been dismissed on merit, as such, it would not be proper to condone the delay of 476 days in preferring the appeal, as such, I.A.

No.5806 of 2017 is hereby dismissed.

The Registrar General of this Court is directed to refund/reimburse the statutory amount of Rs. 25,000/- deposited at the time of filing of the appeal

within a period of four weeks from the date of filing of the requisition by learned counsel for the appellant.

Appellant Insurance Company is directed to satisfy the balance of the amount to the claimants preferably within a period of 90 days from today in

terms of the award passed by the learned Tribunal.