PAPPU AND ORS. versus VINOD KUMAR LAMBA AND ANR.

Citation: [2018] 1 S.C.R. 195 · Decided: 19-01-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off

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Judgment (excerpt)

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195
PAPPU AND ORS.
v.
VINOD KUMAR LAMBA AND ANR.
(Civil Appeal No. 20962 of 2017)
JANUARY 19, 2018
[DIPAK MISRA, CJI, A. M. KHANWILKAR
AND DR. D. Y. CHANDRACHUD, JJ.]
Motor Vehicles Act, 1988:
s. 149(2)(a)(ii) – Motor vehicle accident – Liability of the
insurance company – Onus to prove that offending vehicle was
driven by unauthorized person – On whom – On facts, offending
truck driven rashly and negligently, resulting in death of victim –
Courts below absolved the Insurance company from its liability in
respect of truck since the same was not driven by a person having
a valid licence – On appeal, held: Insurance Company is entitled to
take a defence that the offending vehicle was driven by an
unauthorised person or the person driving the vehicle did not have
a valid driving licence – Onus would shift on the Insurance Company
only after the owner of the offending vehicle pleads and proves the
basic facts within his knowledge that the driver of the offending
vehicle was authorised by him to drive the vehicle and had a valid
driving licence at the relevant time – On facts, owner of the offending
vehicle did not produce any evidence except a driving licence of
one driver, without any specific stand taken in the pleadings or in
the evidence that the same driver was, in fact, authorised to drive
the vehicle in question at the relevant time – Insurance Company
plainly refuted the plea and also asserted that the offending vehicle
was not driven by an authorised person having valid driving licence
– Merely producing a valid insurance certificate in respect of the
offending truck was not enough for the owner to make the Insurance
Company liable to discharge his liability arising from rash and
negligent driving by the driver of his vehicle – Thus, tribunal rightly
absolved the Insurance Company from any liability for just reasons
as affirmed by High Court.
Motor vehicle accident – Liability of the insurance company,
when absolved – Owner of the vehicle produced the insurance
[2018] 1 S.C.R. 195
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SUPREME COURT REPORTS
[2018] 1 S.C.R.
certificate indicating that vehicle was comprehensively insured by
the Insurance Company for unlimited liability – Held: Even if the
insurer succeeds in establishing its defence, the tribunal or the Court
can direct the insurance company to pay the award amount to the
claimant and, in turn, recover the same from the owner of the vehicle
– To sub serve the ends of justice, the insurer to pay the claim amount
awarded by tribunal as confirmed by the High Court to the claimants
in the first instance, with liberty to recover the same from the owner
of the vehicle in accordance with law.
National Insurance Co. Ltd. v. Swarn Singh and Ors.
[2004] 1 SCR 180 : (2004) 3 SCC 297 – relied on.
Case Law Reference
[2004] 1 SCR 180
relied on
Para 15
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 20962
of 2017.
From the Judgment and Order dated 09.10.2014 of the High Court
of Judicature at Allahabad in First Appeal from Order No. 1138 of 2000.
Sharve Singh, Sanjai Singh, Rajeev Singh, Advs. for the Appellants.
Rishi Malhotra, Adv. for the Respondents.
The Judgment of the Court was delivered by
A. M. KHANWILKAR, J. 1. This appeal questions the legality
and tenability of the judgment of the High Court of Judicature at Allahabad
in First Appeal from Order No.1138 of 2000, dated 9th October, 2014,
whereby the appeal filed by the appellants was dismissed by the High
Court whilst rejecting the only question raised before it regarding
absolving the Insurance Company (Respondent No.2) from any liability
in respect of truck bearing No.DIL-5955, which was duly insured by
respondent No.2 Insurance Company, on the ground that the same was
not driven by a person having a valid licence, as found by the Motor
Accident Claims Tribunal, District Allahabad in Claim Petition No.215
of 1999.
2. In the claim petition it was asserted that on 12.08.1995 Om
Prakash, son of Satku Lal, was driving Truck No.URS-2735 when it
was knocked down by a rashly and negligently driven Truck No.DIL-
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5955 coming from the opposite direction, as a result of which Om Prakash
succumbed to fatal injuries. The claim petition was filed by the widow of
deceased Om Prakash. Om Prakash left behind his children Pappu, aged
16 years, Ramu, 12 years, Kumari Geeta, 14 years, Kumari Neetu, 10
years, Kumari Guriya, 8 years and his mother, Smt. Shiv Rani, at the
time of the accident.  The widow of deceased Om P

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