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Branch Manager, National Insurance Company Ltd., Chhattisgarh v/s Indra Bai & Others


Company & Directors' Information:- NATIONAL INSURANCE COMPANY LIMITED [Active] CIN = U10200WB1906GOI001713

Company & Directors' Information:- NATIONAL CO LTD [Strike Off] CIN = U51909WB1917PLC002781

Company & Directors' Information:- THE INDRA COMPANY LIMITED [Active] CIN = U74999WB1941PLC100599

Company & Directors' Information:- THE INDRA COMPANY LIMITED [Not available for efiling] CIN = U99999RJ1944PLC000086

Company & Directors' Information:- NATIONAL CORPORATION PVT LTD [Not available for efiling] CIN = U51909PB1942PTC000480

Company & Directors' Information:- I.N. INSURANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U67200DL1994PTC062554

Company & Directors' Information:- INSURANCE OF INDIA LTD [Strike Off] CIN = U67200WB1936PLC008634

Company & Directors' Information:- NATIONAL CORPORATION PRIVATE LIMITED [Not available for efiling] CIN = U99999MH1950PLC009913

    MAC No. 179 of 2014

    Decided On, 25 August 2020

    At, High Court of Chhattisgarh

    By, THE HONOURABLE CHIEF JUSTICE MR. P.R. RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE PARTH PRATEEM SAHU

    For the Appellant: Raj Awasthi, Advocate. For the Respondents: R5 & R6, Manoj Paranjpe, R7, S.S. Rajput, Advocate.



Judgment Text


P.R. Ramachandra Menon, C.J.,

1. Appeal is at the instance of the insurer of the Indica Car, which collided with a Truck on 20.12.2008. Challenge is against the award passed by the Tribunal granting compensation on account of the demise of the owner of the Indica Car on the strength of the policy issued by the Appellant. The main contention is that the owner of the Indica Car, insured by the Appellant, is not a 'third party' coming within the purview of coverage under the policy and hence, the Tribunal has gone wrong in mulcting the liability on the Appellant.

2. Despite the completion of service of notice, Respondents No.1 to 4/Claimants have not entered appearance.

3. Heard Shri Raj Awasthi, the learned counsel appearing for the Appellant, Shri Manoj Paranjpe, the learned counsel for the 5th and 6th Respondents as well as Shri S.S. Rajput, the learned counsel representing the 7th Respondent (insurer of the Truck who stands absolved).

4. The sequence of events shows that on the ill-fated day, there was a collision between the Indica Car, insured by the Appellant and the Truck, insured by the 7th Respondent. The deceased owner of the Indica Car was travelling his Car, which was being driven by Santosh Kumar (8 th Respondent herein). The owner of the Indica Car sustained fatal injuries, leading to his death, while some other passengers who were travelling in the Indica Car along with him also sustained serious injuries. This led to separate claim petitions (Claim Case Nos.62 of 2009, 63 of 2009, 64 of 2009 and 65 of 2009) filed before the Tribunal.

5. On conclusion of the trial, based on the pleadings and evidence put on record, the Tribunal held that the accident was because of the negligence on the part of the drivers of both the vehicles in equal proportion and accordingly, it was fixed as 50 : 50. Based on the relevant factors, the Tribunal awarded various amounts in the claim petitions and the liability was apportioned based on the proportion of negligence as mentioned above.

6. Insofar as the claim of the deceased owner of the Indica Car is concerned (Claim Case No.65 of 2009), the Tribunal awarded a total compensation of Rs.4,50,000/-, out of which, 50% was fixed with reference to the parties of the Indica Car and the remaining 50% was mulcted upon the owner and driver of the Truck. The insurer of the Truck was absolved for the proven violation of the statutory/policy condition. The grievance of the Appellant is to the extent they have been found liable to satisfy the award.

7. Shri Raj Awasthi, the learned counsel for the Appellant submits that the owner of the Indica Car insured by the Appellant is not a 'third party' and that, under the policy (Annexure A/2), a personal accident cover alone was extended to the owner and hence that the liability could be fixed only to that extent (Rs.2 Lacs). It is also stated that the said amount of Rs.2 Lacs has already been deposited by the Appellant and no further liability can be sought to be satisfied by the Appellant, where the Tribunal has gone wrong.

8. With regard to the liability to be cleared pursuant to the motor transport accident, the statutory liability as envisaged under Section 147 of the Motor Vehicles Act, 1988 is in respect of a person or property of the third party and also to the employees of the insured, to the extent specified therein. The question whether the owner of the vehicle could be turned as a 'third party' or not had come up for consideration before the Apex Court and as per Constitution Bench judgment rendered in New India Assurance Co. Ltd. v. C.M. Jaya and Others reported in (2002) 2 SCC 278, it has been categorically held that the owner of the vehicle is not a third party insofar as the policy issued in respect of that vehicle is concerned. But he can be a third party as in the instant case, insofar as the claim raised against the parties of the Truck is concerned. Since the owner of the Indica Car insured by the Appellant is not a 'third party', there cannot be any liability for the Appellant to satisfy the risk unless it is separately covered, providing wider coverage on the basis of additional premium, if any, collected under the policy. Annexure A/2 (insurance policy of Indica Car) reveals that, apart from the premium for basic third party coverage, a sum of Rs.200/- was collected towards the risk in respect of unnamed four passengers to an extent of Rs.1 Lac each and a sum of Rs.100/- was collected as additional premium to provide compulsory personal accident cover to the owner-cum-driver, to an extent of Rs.2 Lacs. By virtue of said wider cover based on the additional premium collected, the Appellant had undertaken the risk in respect of the owner of the Indica Car as well, to an extent of Rs.2 Lacs and this liability is virtually conceded by the Appellant as put-forth by the learned counsel who affirmed that the said amount of Rs.2 Lacs has already been deposited by the Appellant.

9. The question is whether anything over and above the said extent of Rs.2 Lacs has been ordered to be satisfied by the Appellant, as per the award under challenge.

10. As mentioned already, the award is a common award including the death claim as involved herein i.e. Claim Case No.65 of 2009 along with three other injury cases such as Claim Case Nos.62 of 2009, 63 of 2009 and 64 of 2009. Finding has been given with reference to the fixation of quantum and apportionment of the liability in each case. The conclusion is discernible from paragraph-43 of the impugned award, which is reproduced below for ready reference :

“LANGUAGE”

11. It can be seen that in respect of death claim involved herein, the Tribunal fixed the total compensation payable in the Claim Case No.65 of 2009 as Rs.4,50,000/-. Out of the said amount, based on the fixation of negligence on 50 : 50 basis on the parties of both the vehicles, Rs.2,25,000/- was ordered to be paid with reference to the parties of Indica Car and the remaining Rs.2,25,000/- was ordered to be paid by the owner and driver of the Truck. In respect of Rs.2,25,000/- fixed upon the parties of the Indica Car, only a sum of Rs.2 Lacs has been ordered to be paid by the Appellant herein, by virtue of specific personal accident coverage under the policy and the balance Rs.25,000/- was ordered to be satisfied by the driver of the Indica Car who is arrayed as the 8th Respondent herein. This clearly shows that the case put-forth by the Appellant/insurer of the Indica Car that its liability was only to the limited extent of 'Rs.2 Lacs', by virtue of specific personal accident coverage, has been accepted by the Tribunal and only that amount has been directed to be satisfied with interest. In other words, the Tribunal has not treated the owner of the Indica Car as a 'third party' to be covered under Annexure A/2 policy issued in respect of Indica Car with reference to the statutory coverage under Section 147 of the Motor Vehicles Act, 1988; but granted the limited relief based on the wider coverage provided, by accepting additional premium to the extent of Rs.100/- (for providing the personal accident coverage to an extent of Rs.2 Lacs).

12. Since the challenge

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raised in the appeal is only to the effect that the owner of the Indica Car insured by the Appellant cannot be treated as a 'third party' and that the Appellant cannot be compelled to pay anything more than Rs.2 Lacs (under the personal accident cover given as per the policy) and further since nothing in excess has been ordered by the Tribunal than restricting the liability to an extent of Rs.2 Lacs mulcted upon the shoulders of the Appellant, there was absolutely no scope for filing any appeal. The idea and understanding of the Appellant, as if something more has been ordered by the Tribunal fixing that liability as well upon the Appellant, is clearly wrong and misconceived. We find that the appeal is not maintainable. In the said circumstance, the appeal stands dismissed as devoid of any merit.
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