ORIENTAL INSURANCE CO. LTD. versus ANGAD KOL AND ORS.

Citation: [2009] 2 S.C.R. 695 · Decided: 18-02-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2009) 2 S.C.R. 695 
-.·-t 
ORIENTAL INSURANCE CO. LTD. 
A 
v. 
ANGAD KOL AND ORS. 
Criminal Appeal No. 1102 of 2009 
FEBRUARY 18, 2009 
B 
[S.8. SINHA AND V.S. SIRPURKAR, JJ.] 
t 
Motor Vehicles Act, 1988 -Fatal accident- By goods 
carriage vehicle- Compensation. claim-Insurance Company 
denying its liability contending that the driver of the vehicle c 
was not holding valid licence-Held: Insurance company not 
liable to pay the compensation- It is proved that the offending 
vehicle was goods carriage vehicle and the driver did not 
possess valid licence for the same- Direction to insurance 
company to pay the claim amount, with liberty to recover the 
same from owner and driver of offending vehicle- Constitution D 
•· 
of India, 1950- Article 142. 
In a claim seeking compensation for death caused 
by a motor accident, the plea of the appellant-insurance 
company was that, it was not liable to pay the E 
compensation as the driver of the offending vehicle was 
not holding a valid driving licence, as the offending vehicle 
;. 
was a goods carriage vehicle. 
y 
Allowing the appeal, the Court 
HELD : 1.1 It is proved that the driver of the offending F 
vehicle did not hold a valid and effective driving licence 
for driving a goods vehicle. Breach of conditions of the 
insurance is, therefore, apparent on the face of the 
records. It has been proved that the offending vehicle was 
~ 
a goods vehicle. The Regional Transport Officer, in his G 
deposition, stated so. [Paras -17 and 18] [ 704-C-D] 
National Insurance Co. Ltd. v. Annappa lrappa Nesaria, 
(2008) 3 SCC 464; New India Assurance Co. Ltd. v. Prabhu 
695 
H 
696 
SUPREME COURT REPORTS 
[2009] 2 S.C.R. 
A 
Lal, (2008) 1 SCC 696; Ashok Gangadha_r Maratha v. Oriental 
Insurance, 1999 (6) SCC 620 -referred to 
1.2 'Interest of justice would be subserved if, in 
exercise of jurisdiction under Article 142 of the 
Cons.titution, the insurance company is directed to 
B 
deposit the balance amount before the Tribunal with 
liberty to the claimants to withdraw the same. Appellant is 
... ., 
given righf to recover the said amount from the owner 
. ~-
and the drivef. of the vehicle. [Para 19] [604-F] 
"· 
C 
CASE LAW REFERENCE 
D 
(2008) 3 SCC 464 
Referred to 
Para 16 
(2008) 1 SCC 696 
' 
Referred to. 
Para 17 
I 
(1999) 6 SCC 620 
Referred to 
Para 17 
I 
, 
' 
I 
f. 
CIVIL: APPEALLAE JURISQ.ICTION : Civil Appeal No. 
1102 pt 2009 
From the Judgement and Order dated 21.09.2007 of the 
High Court of Judicature at Jabalpur in Misc. Appeal No. 1593 
,~-
E 
of 2007. 
'. 
;' 
Santosh Paul,' K.K. Bhatt, Arvind Gupla, Sriharash N. 
Bundela, M.J. Paul for the Petitioner. 
\ · 
" 
Raj .Kumar Gupta, Sunil Kumar Gupta, Dhar?m Bir Raj 
F 
Vuhra for the Respondent. 
, 
The Judgem~nt of the Court Was deli~erJd by 
S.B. SINHA, J. 
G 
1. Leave .. granted. 
.~ 
. .. 
• 
,l_ 
• 
'.:• 
' 
;i 
....... 
,,,,,,.r-(.> 
2. This appeal is directed against}~:·Tudgment and order 
dated 21.9.2007 passed by a Division ·Bench of the High Court 
of Madhya Pradesh at Jabalpur in Misc. Application No':21/09/ · 
2007 whereby and whereunder the pppeal~· preferred by the 
H 
claima?ts/respondents from an ·award dated 29.1.~607 passed 
I 
1'. 
I 
ORIENTAL INSURANCE CO. LTD. V. 
697 
ANGAD KOL AND ORS. [S.S. SINHA, J.] 
by the llnd Additional Motor Accident Claims Tribunal (Fast Track A 
.... --t 
Court), Kanti (hereinafter referred to as 'the Tribunal') in M.V.C. 
No.350 of 2004, was allowed. A cross objection filed by the· 
appellant herein has also been dismissed by the said judgment. 
3. Heirs and legal representatives of Genda Bai, who died 
B 
in an accident which took place on 31.10.2004, filed a claim 
application before the Tribunal, contending in that on the fateful 
day, when she had been standing near a turning known as 'Hardi 
turning', a mini door Auto bearing registration No. MP-20G-9937 
dashed against her as a result whereof she suffered injuries. 
She was taken to the District Hospital where she succumbed c 
thereto on the next day. 
The deceased was aged about 45 years at the time of her 
death. She allegedly used to earn about Rs.5,000/- per month 
by preparing 'Donnapattals'. 
D 
.. 
~ 
4. Indisputably, the vehicle was a goods carriage vehicle 
which was owned by Respondent No. 7, Narendra, and was 
being driven by Respondent No.6, Umesh. Before the Tribunal, 
a contention was raised that the driver of the vehicle did not 
possess a valid and effective driving licence. Overruling the said

Excerpt shown. Read the full judgment & AI analysis in Lexace.