w w w . L a w y e r S e r v i c e s . i n



Oriental Insurance Company Ltd, Orissa v/s Achhey Lal


Company & Directors' Information:- THE ORIENTAL INSURANCE COMPANY LIMITED [Active] CIN = U66010DL1947GOI007158

Company & Directors' Information:- THE ORIENTAL COMPANY LIMITED [Active] CIN = U67120WB1935PLC094079

Company & Directors' Information:- ORIENTAL COMPANY LIMITED [Not available for efiling] CIN = U70101RJ1935ULL000047

Company & Directors' Information:- ORIENTAL INDIA LTD [Strike Off] CIN = U51226WB1983PLC036505

Company & Directors' Information:- C. LAL LIMITED [Active] CIN = U51909HR2012PLC046499

Company & Directors' Information:- ORISSA CORPORATION PVT LTD [Dissolved] CIN = U15312OR1947PTC000123

Company & Directors' Information:- ORIENTAL CORPN PVT LTD [Active] CIN = U51909GJ1937PTC000133

Company & Directors' Information:- ORIENTAL CORPORATION LIMITED [Not available for efiling] CIN = U99999MH1937PTC002741

    Miscellaneous Appeal (C) No. 41 of 2015

    Decided On, 17 January 2020

    At, High Court of Chhattisgarh

    By, THE HONOURABLE MR. JUSTICE SANJAY S. AGRAWAL

    For the Appearing Parties: Chitra Shrivastava, Devarshi Thakur, Satyendra Shriwas, Advocates.



Judgment Text


1. This Miscellaneous Appeal has been preferred by Non-Applicant No.3- Oriental Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') questioning the legality and propriety of the award dated 13.10.2014 passed by the 1st Additional Motor Accident Claims Tribunal, Baloda Bazaar (for short 'the Claims Tribunal') in Claim Case No.91/20l2 by which, the learned Claims Tribunal, while allowing the claim in part, has fastened the liability upon the Insurance Company. The parties to this Appeal shall be referred hereinafter as per their description in the trial Court.

2. The facts of the case in nut-shell are that on 25.03.2012, at 10.30 p.m, deceased Sonu Gupta, after closing his shop, was taking rest in front of his shop and at the relevant time, Non-Applicant No.1 Saiyyad Mukarram, while driving the offending vehicle i.e. 'truck' bearing its Registration No.OR 15/E 5159, owned by Non-Applicant No.2-Sunil Kumar, insured with Non-Applicant No.3-Insurance Company, in a rash and negligent manner, dashed vehemently the said shop and rode over on deceased Sonu Gupta, as a result of which, he died on the spot. A report was thereafter lodged in police station, City Kotwali, Baloda Bazaar where, the case was registered as Crime No.383/2012 and after investigating the matter, the concerned Investigating Officer has submitted its final report before the Judicial Magistrate First Class, Baloda Bazaar, while registering the offence punishable under Sections 279, 337, 338 and 304-A IPC against the driver of the said offending vehicle.

3. On account of the aforesaid accident, the claim enumerated under Section 166 of the Act of 1988 has been made by the Claimants being the legal heirs of the deceased alleging inter alia that the deceased, a 20 years old, used to earn Rs.9,000/- per month while running a shop and thus claimed a total amount of compensation to the tune of Rs.47,30,000/- under various heads.

4. Non-Applicants No.1 & 2, the driver and the owner of the offending vehicle have denied the averments made in the claim Petition, while NonApplicant No.3, insurer of the vehicle in question, contested the claim on the ground that the alleged offending vehicle was being driven without any permit by a driver, who was not holding even the valid and effective driving license, therefore, no liability could be fastened upon it.

5. After considering the evidence led by the parties, it has been held by the Claims Tribunal that the alleged accident occurred due to rash and negligent driving by the driver of the offending vehicle, resulting in the sad demise of deceased Sonu Gupta. It held further while relying upon the extracts of the driving license marked as Ex.NA-1 that the driver of the offending vehicle was holding the valid and effective driving license. In consequence, it was held that the vehicle in question was not being used in violation of the policy and by considering the monthly income of the deceased at Rs.3,000/-, awarded a total amount of compensation to the tune of Rs.4,20,000/- with 7% interest per annum from the date of filing of the claim Petition till its realization, while fastening the liability upon the Insurance Company.

6. Being aggrieved, Non-Applicant No.3/Insurance Company has preferred this Appeal. Smt Chitra Shrivastava, learned Counsel appearing for the Insurance Company submits that the Claims Tribunal, without providing sufficient and reasonable opportunity of hearing and even without considering the defence of the Insurer as to whether the alleged offending vehicle was being used with a valid permit or not, has erred in fastening the liability upon the Insurance Company.

7. On the other hand, learned Counsel appearing for Non-Applicants No.1 & 2 has supported the award impugned.

8. I have heard learned Counsel for the parties and perused the entire record carefully.

9. From perusal of the record, it appears that the Claims Tribunal, while entertaining the Issue No.5, has arrived at a conclusion that the vehicle in question was not being used in violation of the policy on finding that the driver of the alleged offending vehicle was holding the valid and effective driving license while placing its reliance upon the extracts of the driving license of the driver of the offending vehicle, which was marked as Ex.NA-1 and consequently, fastened the liability upon the Insurance Company. However, no finding, whatsoever, has been recorded in so far as the question regarding the alleged use of the offending vehicle, as to whether it was being used with a valid permit or not. The Tribunal has thus, erred in fastening the liability upon the Insurance Company even without considering the said defence taken specifically by the Non- Applicant No.3/Insurance Company.

10. Pertinently to be noted here further that on 29.09.2014 an application enumerated under Order 17 Rule 1 of Code of Civil Procedure, 1908 was made by Non-Applicant No.3/Insurance Company seeking time to produce the certified copy of the permit as it was not delivered, though an application was already made before the concerned Regional Transport Officer for the said purpose. It was however rejected on the same day as evidenced by the order sheet dated 29.09.2014 by observing that sufficient opportunity for adducing the evidence has already been provided on an earlier occasion and therefore, no further time could be granted on the pretext for furnishing the said document. The approach of the Claims Tribunal refusing to grant time as such cannot be held to be sustainable, particularly, when it appears from the seizure memo Ex.A-7 that the permit of the alleged offending vehicle was shown to be expired prior to the occurrence of the alleged accident, i.e. on 20.09.2011.

11. What is therefore reflected from the aforesaid observation of the Tribunal that, despite specific defence being taken by the Insurance Company regarding the use of the alleged offending vehicle, as to whether it was being used with valid permit or not, yet neither the finding was recorded while considering the said Issue nor time was granted to the Non-Applicant No.3/Insurance Company in order to establish the said fact. Therefore, in my opinion, the true facts should come out in this regard as to whether the vehicle in question i.e 'truck' insured as the 'Goods Carrying Commercial Vehicle' was being used along with its valid permit or not and that can be possible only if the matter is remitted back to the Tribunal for determination of the said issue skipped over in deciding the same.

12. Consequently, the award impugned is hereby set aside and the matter is remitted back to the concerned Tribunal. The Non- Applicant N.3/Oriental Insurance Company and Non-Applicants

Please Login To View The Full Judgment!

No.1 & 2 (driver and owner of the offending vehicle) are hereby directed to remain present before the concerned Tribunal on 10.02.2020, who in turn, shall issue fresh notices to Applicants No.1 & 2 (Claimants) and thereafter decide the matter afresh in accordance with law, while keeping the aforesaid observation in mind. 13. Needless to mention here further that the parties, shall be allowed to amend their pleadings and adduced further evidence in support of their pleadings and may file further documents and get the documents verified thereafter and the decision shall be made by the concerned Tribunal accordingly. 14. Registry is directed to transmit the entire file to the concerned Tribunal forthwith. No order as to costs.
O R







Judgements of Similar Parties

08-10-2020 Oriental Insurance Co. Ltd., Through Chief Manager Versus Seetakanta Patnaik National Consumer Disputes Redressal Commission NCDRC
06-10-2020 Jewellery World, Orissa Versus Oriental Insurance Company Ltd., Orissa National Consumer Disputes Redressal Commission NCDRC
05-10-2020 Tarun Kanti Chowdhury & Others Versus Oriental Insurance Co. Ltd., New Delhi & Others National Consumer Disputes Redressal Commission NCDRC
01-10-2020 The Oriental Insurance Company Limited, Kumbakonam, Represented by its Branch manager, Kumbakonam Versus Nirmala & Another High Court of Judicature at Madras
29-09-2020 Oriental Insurance Co. Ltd., Raipur Versus Brahmanand Javvadi National Consumer Disputes Redressal Commission NCDRC
29-09-2020 Laddu Lal Mahto Versus Managing Director, Tata Motors Limited, Bihar & Another National Consumer Disputes Redressal Commission NCDRC
22-09-2020 The Oriental Insurance Co. Ltd. Through- Its Divisional Manager, Chhattisgarh Versus Vivek Giri & Another High Court of Chhattisgarh
22-09-2020 The Oriental Insurance Co. Ltd. Through- Its Divisional Manager, Chhattisgarh Versus Vivek Giri & Another High Court of Chhattisgarh
21-09-2020 Oriental Insurance Co. Ltd., New Delhi Versus M/s. Guptasons Jewellers & Gems Pvt. Ltd., New Delhi National Consumer Disputes Redressal Commission NCDRC
21-09-2020 The Oriental Insurance Co. Ltd. Coimbatore & Another Versus N. Dhanalakshmi & Others High Court of Judicature at Madras
15-09-2020 The Oriental Insurance Company Limited, Bengaluru Versus Vishwanatha & Another High Court of Karnataka
09-09-2020 Rajasthan State Road Transport Corporation & Others Versus Goverdhan Lal Soni & Another Supreme Court of India
09-09-2020 Oriental College of Teacher Education, Represented by Its Manager, Calicut Versus The Regional Director, National Council for Teacher Education, New Delhi High Court of Kerala
08-09-2020 Murari Lal Versus State of U.P & Others High Court of Judicature at Allahabad
28-08-2020 Chhotey Lal Versus State of U.P. High Court of Judicature at Allahabad
26-08-2020 Oriental Insurance Company Limited Versus Nand Kishore Sharma & Others High Court of Jammu and Kashmir
19-08-2020 M/s. Oriental Engineers Versus State of Assam & Others High Court of Gauhati
18-08-2020 Lal Chand Versus Union Territory of J&K & Others High Court of Jammu and Kashmir
11-08-2020 Shankar Lal Yadav & Another Versus Union of India & Others High Court of Delhi
06-08-2020 Ram Lal Versus State of HP & Others High Court of Himachal Pradesh
06-08-2020 The Branch Manager, M/s Oriental Insurance Company Ltd., Kodungallur Versus M.M. Jose Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
27-07-2020 Oriental Insurance Co. Ltd. Through Its Duly Constituted Attorney, Oriental Insurance Co. Ltd., New Delhi Versus Vikash Kumar National Consumer Disputes Redressal Commission NCDRC
17-07-2020 Sanjay Kumar Behera Versus State of Orissa High Court of Orissa
17-07-2020 Pyare Lal Versus State of Haryana Supreme Court of India
15-07-2020 Shiv Khorana (Advocate), Deceased Through LRs. Parveen Khorana Versus Oriental Insurance Company Ltd. & Another Delhi State Consumer Disputes Redressal Commission New Delhi
07-07-2020 The Branch Manager, The Oriental Insurance Co. Ltd., Thiruvannamalai Versus Sajeetha & Others High Court of Judicature at Madras
03-07-2020 All Orissa State Bank Officers Housing Co-Operative Society Versus State of Odisha & Others High Court of Orissa
01-07-2020 M/s. Gulabchand Shankar Versus Oriental Insurance Co. Ltd., Rajasthan & Another National Consumer Disputes Redressal Commission NCDRC
30-06-2020 Sindhu. S. Lal Versus Revenue Divisional Officer, Adoor & Others High Court of Kerala
29-06-2020 Mohan Lal Jain Versus Insolvency & Bankruptcy Board of India & Another High Court of Delhi
26-06-2020 Amrut Lal @ Amrit Lal Versus State of Chhattisgarh & Others High Court of Chhattisgarh
23-06-2020 Munna Lal Versus State of U.P. Thru. Addl. Chief Secy. Medical & Health Lko & Others High Court Of Judicature At Allahabad Lucknow Bench
19-06-2020 Vipin Kumar Choudhary Versus Makhan Lal Chaturvedi National University Of Journalism & Communication - Bhopal National Consumer Disputes Redressal Commission NCDRC
19-06-2020 Oriental Insurance Company Limited Versus K.M. Harish Kumar High Court of Karnataka
18-06-2020 Jivan Lal Verma Versus Kishan Agrotek National Consumer Disputes Redressal Commission NCDRC
11-06-2020 Moti Lal @ Moti Lal Patwa Versus Union of India, Ministry of Finance through the Director, Enforcement Directorate, Delhi & Another High Court of Judicature at Patna
05-06-2020 State of Orissa Versus M/s. B. Engineers & Builders Ltd. & Others Supreme Court of India
03-06-2020 Latelraj Suryawanshi (Latelram Suryawanshi wrongly mentioned in the impugned judgment) Versus Hori Lal Tamboli & Another High Court of Chhattisgarh
29-05-2020 Jagannath Supply Company, District Khorda (Orissa) Versus State of Chhattisgarh & Others High Court of Chhattisgarh
22-05-2020 Union of India, Ministry of Corporate Affairs, New Delhi Versus Oriental Bank of Commerce, Gurgaon National Company Law Appellate Tribunal
21-05-2020 Aravapalli Krishna Murthy Versus Syed Lal Saheb Died & Others High Court of Andhra Pradesh
20-05-2020 Diwari Lal & Others Versus State of U.P. High Court of Judicature at Allahabad
15-05-2020 M/s S.M.C Power Generation Ltd, Orissa Versus Dilip Bhai Patel High Court of Chhattisgarh
14-05-2020 Meena Sharma Versus Nand Lal & Another High Court of Delhi
11-05-2020 Shiv Lal (Since Deceased) Versus Mohan Lal High Court of Punjab and Haryana
08-05-2020 Mohan Lal Versus State of NCT of Delhi Supreme Court of India
30-04-2020 Jagdish Lal Versus State of Himachal Pradesh High Court of Himachal Pradesh
20-04-2020 Babu Lal Versus State (N.C.T. of Delhi) High Court of Delhi
17-04-2020 Pravakar Mallick & Another Versus The State of Orissa & Others Supreme Court of India
24-03-2020 Babu Lal & Others Versus Para Devi & Others High Court of Rajasthan Jaipur Bench
20-03-2020 Oriental Insurance Company Limited Through Chief Manager Versus Arvind Kumar Jain National Consumer Disputes Redressal Commission NCDRC
17-03-2020 Meghna Singh (Through: Her Natural Guardian) Avita D Lal Versus Central Board of Secondary Education & Another High Court of Delhi
17-03-2020 The Joint Labour Commissioner and Registering Officer & Another Versus Kesar Lal Supreme Court of India
12-03-2020 The Branch Manager, Oriental Insurance Company Limited, Tiruvannamalai Versus Poongavanam & Others High Court of Judicature at Madras
11-03-2020 Oriental Insurance Company Ltd. Versus Chhaju Ram & Others High Court of Himachal Pradesh
11-03-2020 Ram Dulari & Another Versus Ram Lal & Another High Court of Himachal Pradesh
09-03-2020 The Branch Manager, M/s The Oriental Insurance Company Ltd. Through Divisional Manager Versus Jayanti Devi & Others High Court of Jharkhand
07-03-2020 Sonu Challan Versus State of Orissa High Court of Orissa
06-03-2020 Poonam Devi & Others Versus Oriental Insurance Co. Ltd. Supreme Court of India
06-03-2020 The Oriental Insurance Co., Ltd., Palghad, Kerala State Versus M. Arul @ Arulkumar & Others High Court of Judicature at Madras
05-03-2020 Divisional Manager, Oriental Insurance Co. Ltd., Divisional Office, Mythe Estate, Kaithu, Shimla, Himachala Pradesh Versus Bir Singh Rana National Consumer Disputes Redressal Commission NCDRC
05-03-2020 The Divisional Manager, Oriental Insurance Company Limited, Vellore Versus R. Damodharan & Another High Court of Judicature at Madras
04-03-2020 The Divisional Manager, The Oriental Insurance Co. Ltd., Tiruvannamalai Versus Suresh Kumar & Others High Court of Judicature at Madras
03-03-2020 The Oriental Insurance Co.Ltd., Broadway, Chennai & Another Versus G. Saravanan & Another High Court of Judicature at Madras
03-03-2020 M/s. Deluxe Enterprises, H.P. Versus Oriental Insurance Company Ltd., Punjab National Consumer Disputes Redressal Commission NCDRC
02-03-2020 The Oriental Insurance Co. Ltd., Represented by its Manager, Dharmapuri Versus Venkatraman & Others High Court of Judicature at Madras
29-02-2020 Lal Chand Versus State of H.P. High Court of Himachal Pradesh
27-02-2020 Manohar Lal Versus State Of Himachal Pradesh High Court of Himachal Pradesh
27-02-2020 Aman Khattar Versus Jawahar Lal High Court of Delhi
26-02-2020 The Oriental Insurance Company Limited, Chennai Versus M. Baby Rani & Others High Court of Judicature at Madras
26-02-2020 M/s. Kiran Cold Storage Pvt. Ltd. Through Director Manohar Lal Ahuja, Uttar Pradesh Versus Yashpal National Consumer Disputes Redressal Commission NCDRC
24-02-2020 The Branch Manager, The Oriental Insurance Co. Ltd., Divisional Office at Puducherry Versus Prabu, Rajendran, Senthilkumar, Nagappan, Chandrasekar & Minor Balaji, Rep. by his mother & next friend Jothi & Others High Court of Judicature at Madras
24-02-2020 Neelachal Ispat Nigam Limited & Another Versus State of Orissa & Others High Court of Orissa
20-02-2020 Oriental Insurance Company Ltd., Maharashtra Versus M/s. Dangi Financial & Management Consultancy Pvt. Ltd. Maharashtra National Consumer Disputes Redressal Commission NCDRC
19-02-2020 M/s. Behari Lal & sons V/S The State of Punjab High Court of Punjab and Haryana
18-02-2020 M/s. Girdhari Lal Constructions (P) Ltd. Dwaraka, New Delhi, Registered Office Bhatinda, Punjab, Represented by Its Director, Vikas Mehta Versus Union of India, Represented by Its Secretary, Ministry of Housing & Urban Affairs, New Delhi & Others High Court of Kerala
18-02-2020 Dr. Hira Lal Versus State of Bihar & Others Supreme Court of India
18-02-2020 M/s. M.L. Spinners Pvt. Ltd., Haryana Versus Oriental Insurance Co. Ltd., Haryana & Another National Consumer Disputes Redressal Commission NCDRC
17-02-2020 Magma Fincorp Ltd., Kolkata Versus Oriental Insurance Co. Ltd., New Delhi & Others National Consumer Disputes Redressal Commission NCDRC
14-02-2020 New India Assurance Company Ltd. Through Its Duly Constituted Attorney, Manager, Delhi Versus Chaman Lal National Consumer Disputes Redressal Commission NCDRC
14-02-2020 Sukanta Kumar Sarangi Versus Managing Director, Orissa State Financial Corporation, OMP Chhak, Cuttack & Others High Court of Orissa
14-02-2020 M/s.MGK Trading House, Rep. by its Managing Partner, Geetha, Arumbakkam Versus M/s. Orissa Stevedores Limited, Mannady & Another High Court of Judicature at Madras
13-02-2020 Ashok Alias Gore Lal Veruss State of U.P. High Court of Judicature at Allahabad
13-02-2020 Vikas Panchayat, Gram Boheda Through Sarpanch, Rajasthan Versus Badri Lal & Others National Consumer Disputes Redressal Commission NCDRC
13-02-2020 Jhanak Lal V/S State of Madhya Pradesh High Court of Chattisgarh
12-02-2020 Oriental Insurance Co. Ltd. Versus National Bulk Handling Corporation Pvt. Ltd. Supreme Court of India
11-02-2020 Kunja Bihari Patra Versus State of Orissa & Another High Court of Orissa
11-02-2020 Anandbhai Mansangbhai Chaudhury At Navin Paru Versus Oriental Insurance Company Limited Umiya Shopping Center, Gujarat National Consumer Disputes Redressal Commission NCDRC
11-02-2020 Kanhaiya Lal Versus Lala Ram & Others High Court of Judicature at Allahabad
07-02-2020 Rajankumar & Brothers (Impex) Versus Oriental Insurance Company Ltd. Supreme Court of India
06-02-2020 The Branch Manager, The Oriental Insurance Co.Ltd., Tiruvannamalai Versus Anjalai & Others High Court of Judicature at Madras
06-02-2020 Heera Lal Versus State High Court of Rajasthan
05-02-2020 Chhotey Lal @ Chottu Versus State High Court of Delhi
03-02-2020 Rajinder Singh Versus Oriental Insurance Co. Ltd. Regional Manager, Haryana National Consumer Disputes Redressal Commission NCDRC
31-01-2020 Manohar Lal Versus State of H.P. & Others High Court of Himachal Pradesh
30-01-2020 The Oriental Insurance Company Limited, Hindupur. Versus Mani & Others High Court of Judicature at Madras
30-01-2020 The Oriental Insurance Company Ltd. Through Its Regional Manager Versus Navrose & Others Maharshtra State Consumer Disputes Redressal Commission Nagpur
29-01-2020 Karnveer Singh Versus Panji Lal Damor High Court of Rajasthan Jodhpur Bench
29-01-2020 Bhuma Infrastructure Pvt. Ltd. V/S Oriental Bank of Commerce Debts Recovery Tribunal Hyderabad
28-01-2020 Mohit Lal Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta