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2021 Supreme(Raj) 1918
RAJASTHAN HIGH COURT
Sudesh Bansal, J.
The New India Assurance Co. Ltd. - Appellant
Versus
Manju Sharma & Ors. - Respondents
S.B. Civil Misc. Appeal No. 963/2020 Connected With S.B. Civil Misc. Appeal No. 962/2020
Decided On : 15-12-2021
Mr. Anil Bachhawat Mr. Sanjay Raj Paliwal, for the Appellant; Mr. Deelip Kawadia, for the Respondent.
The insurance company is liable for compensation in cases where the insured vehicle is stationary and not at fault in an accident caused by another vehicle.
Headnote:
LIABILITY - INSURANCE CLAIM - The court addressed the liability of the insurance company in cases where the insured vehicle was stationary and involved in an accident due to the negligence of another driver. The court emphasized the principle that the insurance company is liable to compensate the claimants unless it can prove that the insured was at fault, which was not established in this case.
Fact of the Case:
The appellant Insurance Company appealed against the judgment and award passed by MACT-2, Udaipur, which granted compensation to the claimants for damages caused when their stationary vehicle was hit by another vehicle.
Finding of the Court:
The court found that the insured vehicle was stationary and the accident was caused by the negligence of the driver of the Innova Car. The court held that the insurance company was liable to pay the awarded compensation.
Issues: Whether the insurance company is liable to pay compensation when the insured vehicle was stationary and involved in an accident due to another driver's negligence.
Ratio Decidendi: The court established that the liability of the insurance company arises unless it can demonstrate that the insured party was negligent. In this case, the evidence indicated that the insured vehicle was not at fault.
Result: The court ordered the stay of the execution of the award pending the deposit of the compensation amount by the insurance company, which must be done within four weeks.
ORDER
S.B. Civil Misc. Appeal No. 963/2020
1. This is an appeal filed by the appellant Insurance Company assailing the judgment and award dated 13.11.2019 passed by learned Judge, MACT-2, Udaipur in Claim Cases No.284/2018,whereby compensation to the tune of Rs. 3,58,187/- with interest @6% per annum from 09.10.2017 has been awarded in favour of the respective respondent-claimants.
2. The counsel for appellant Insurance Company submits that insured vehicle No. RJ-09-GA-9002 was parked in stationary position when another vehicle Innova Car No.RJ-09-UA-6050 collided with the stationary insured vehicle from the back. Therefore, it is a case of negligence on the part of driver of the Innova Car and Insurance Company is not liable to pay the compensation.
3. Heard.
4. Admit.
5. Since the learned counsel for respondent-claimant has put in appearance, notices need not be issued.
6. Issue notices to respondents No.2 & 3 only.
7. Heard on the stay application.
8. In case the appellant Insurance Company deposits the entire compensation amount along with interest till date of deposition, before the Tribunal, within a period of four weeks, the execution of the award shall remain stayed. Out of the amount so deposited, Rs.3,00,000/- would be disbursed to the claimants and remaining amount shall be kept in FDR initially for a period of three years subject to removal from time to time.
9. With the above observations, the stay application is disposed of.
10. The record of the case be sent back to the Tribunal to undertake the proceedings of deposition on disbursement of the compensation amount as stated above.
11. It is expected that after completion of the proceedings of disbursement, the record be sent back to this Court.
S.B. Civil Misc. Appeal No. 962/2020
12. This is an appeal filed by the appellant Insurance Company assailing the judgment and award dated 13.11.2019 passed by learned Judge, MACT-2, Udaipur in Claim Cases No.285/2018, whereby compensation to the tune of Rs. 22,500/- with interest @6% per annum from 09.10.2017 has been awarded in favour of the respective respondent-claimants.
13. The counsel for appellant Insurance Company submits that insured vehicle No. RJ-09-GA-9002 was parked in stationary position when another vehicle Innova Car No.RJ-09-UA-6050 collided with the stationary insured vehicle from the back. Therefore, it is a case of negligence on the part of driver of the Innova Car and Insurance Company is not liable to pay the compensation.
14. Heard.
15. Admit.
16. Since the learned counsel for respondent-claimant has put in appearance, notices need not be issued.
17. Issue notices to respondents No. 2 & 3 only.
18. Heard on the stay application.
19. In case the appellant Insurance Company deposits the entire compensation amount of Rs. 22,500/- along with interest till date of deposition, before the Tribunal, within a period of four weeks, the execution of the award shall remain stayed. The amount so deposited would be disbursed to the claimants subject to decision of the appeal.
20. With the above observations, the stay application is disposed of.
21. The record of the case be sent back to the Tribunal to undertake the proceedings of deposition on disbursement of the compensation amount as stated above.
22. It is expected that after completion of the proceedings of disbursement, the record be sent back to this Court.
