LexORIENTAL INSURANCE CO. LTD. versus ZAHARULNISHA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2008] 7 S.C.R. 58
-t
A
ORIENTAL INSURANCE CO. LTD.
v
ZAHARULNISHA & ORS.
(Civil Appeal No. 3055 of 2008)
APRIL 29, 2008
·-
B
~
(S.B. SINHA AND LOKESHWAR SINGH PANTA, JJ.]
Motor Vehicles Act, 1988 - s. 149 (2) and 10 (2) - Motor
accident causing death - By two wheeler scooter - Driver of
c the offending vehicle not holding valid licence - Claim for
compensation - Motor Accident Claims Tribunal as well as
High Court awarding compensation - Direction to insurance.
Company to satisfy the award - On appeal, held: The driving
of vehicle without a valid licence was in violation of s. 10 (2) -
D Hence Insurance Company not liable to pay the compensation
)..
- However, Insurance Company directed to satisfy the award
with liberty to recover the same from the owner of the vehicle.
Death was caused ,of a person due to accident from
a two wheeler scooter. Legal representatives of the
E deceased filed a petition claiming compensation. Motor
Accident Claims tribunal held that the accident was due
to rash and negligent driving of the scooter and awarded
compensation in favour of the respondent-claimants and
against the owner of the offending vehicle and the
F insurance company. Insurance Company filed an appeal
y
contending that it was not liable to pay the compensation
as the driver of the offending vehicle did not hold a valid
licence to drive a two wheeler scooter and thus there was
breach of provisions of Motor Vehicles Act, 1988. High
G Court dismissed the appeal. Hence the present appeal.
Partly allowing the appeal, the Court
HELD: 1. The appellant-insurance company cannot
· be held liable to pay the amount of compensation to the
H
58
ORIENTAL INSURANCE CO. LTD. v. ZAHARULNISHA &
59
ORS. [LOKESHWAR SINGH PANlif., J.]
"
claimants for the death caused in road accident which A
had occurred due to rash and negligent driving of scooter
by driver thereof who admittedly had no valid and
effective licence to drive the vehicle on the day of accident.
'I
The scooterist was possessing driving licence of driving
. .{
HMV and he was driving totally different class of vehicle B
...;
'
which act of his is in violation of Section 10(2) of Motor
Vehicles Act. [Para 18] [69-A, B, C]
National Insurance Company Limited v. Swaran Singh
2004 (3) sec 297 - relied on.
c
2. It is directed that the appellant-insurance company
though not liable to pay the amount of compensation, but
in the nature of this case it shall satisfy the award and
shall have the right to recover the amount deposited by it
..
1
along with interest from the owner of the vehicle, viz. D
respondent No. 8, particularly in view of the fact that no
appeal was preferred by him nor has he chosen to
appear before this Court to contest this appeal. [Para 19]
[69-C, DJ
National Insurance Co. Ltd. v. Baljit Kaur and Ors. 2004 E
(2) SCC 1 ; Oeddappa and Ors. v. Branch Manager, National
Insurance Co. Ltd. 2008 (2) SCC 595 - relied on.
CIVILAPPELLATE JURISDICTIO,N: Civil Appeal No. 3055
')'
of 2008.
F
From the Judgment and Order dated 12.7.2006 of the High
Court of Judicature at Allahabad in First Appeal from Order No.
1760 of 2006.
M.K. Dua and Kishore Rawat for the Appellant.
Girjesh Kumar Mall, Amit Pawan, Manish R. Sinha and T.
G
J
Mahipal for the Respondents.
The Judgment of the Court was delivered by
LOKESHWAR SINGH PANTA, J. 1. Leave granted.
H
60
SUPREME COURT REPORTS
[2008] 7 S.C.R.
A
2. This appeal is against the judgment dated 1st July, 2006
passed by the High Court of Judicature at Allahabad whereby
and whereunder, appeal filed by the Oriental Insurance Company
Limited challenging the award dated 26.04.2006 of the Motor
Accident Claims Tribunal/Additional District Judge Khushi
B
Nagar in MAC No. 98/2002, has been dismissed.
3. Briefly stated the facts leading to the filing of the appeal
are as under:-
On 23.07.2001 at about 6:00 p.m. one Shukurullah was
c going from Kasya Courts to his village Shivpur on a bicycle. A
two wheeler scooter, be~aring registration No. UP 57 - 5901,
being driven by one Ram Surat in a rash and negligent manner
hit Shukurullah near Sapha P.S. Kasya and as a result thereof,
Shurkurullah sustained ~1rievous injuries and died. The ill-fated
0 scooter was owned by Vakilrao - respondent No. 8 herein. The
legal representatives of deceased Shukurullah lodged a Claim
Petition No. 98/2002 before the Motor Accident Claims Tribunal,
Khushi Nagar/Additional DiExcerpt shown. Read the full judgment & AI analysis in Lexace.