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2010 Supreme(Raj) 205
2010(1) CCR 298 (Raj.)
(Rajasthan High Court)
Jaipur Bench
National Insurance Co. Vs. Harikishore Sharma (Bhagwati, J.)
HON'BLE MAHESH BHAGWATI, J.
National Insurance Co. Ltd.
Versus
Harikishore Sharma & Ors.
S.B. Civil Misc. Appeal Nos. 778 & 1154 of 2001, decided on 11.02.2010
Tripurari Sharma, for Insurance Company;
Sandeep Mathur, for Hari Kishore Sharma
Headnote:(a) Motor Vehicles Act, 1988, Secs. 147, 167, 168 & 173 — Liability of Insurance company — Insured vehicle requisitioned by State Govt. for election duty — Vehicle was within the control and possession of State Govt. — Accident — Injuries to polling party — Liability imposed on insurance company — Sustainability — Held — Award to the extent of imposing liability on insurance company cannot be said to be just and proper — When the vehicle was requisitioned by State Government and it was within the control and possession of the State Govt. at the time of accident, then State Government is only liable to pay compensation — Award against Insurance company set aside — Insurance company will realize already paid amount from Rajasthan Government — State Government can not escape from its liability. (Paras 11 to 13)
Appeal allowed.
¼d½ eksVj ;ku vf/kfu;e] 1988] /kkjk;sa 147] 167] 168 ,oa 173 & izfrdj Hkqxrku djus dk chek daiuh dk nkf;Ro & chfer okgu jkT; ljdkj }kjk pquko fM;qVh gsrq vf/kxzg.k dh xbZ & okgu jkT; ljdkj ds dCtk ,oa fu;a=.k esa Fkk & nq?kZVuk & ernku ny dks pksVsa & nkf;Ro chek daiuh ij vf/kjksfir fd;s x;s & laoguh;rk & vfHkfu/kkZfjr & chek daiuh ij nkf;Ro vf/kjksfir djus ds foLrkj rd vf/kfu.kZ; dks mfpr ,oa U;k; laxr ugha dgk tk ldrk gS & tc okgu jkT; ljdkj }kjk vf/kxzfgr fd;k x;k Fkk vkSj nq?kZVuk ds le; jkT; ljdkj ds dCtk ,oa fu;a=.k esa Fkk rks flQZ jkT; ljdkj izfrdj Hkqxrku gsrq nk;h gS & chek daiuh ds fo:) vf/kfu.kZ; vikLr fd;k & chek daiuh iwoZ esa Hkqxrku dh xbZ jkf'k jktLFkku ljdkj ls olwy djus gsrq iw.kZr% Lora= gksxk & jkT; ljdkj vius nkf;Ro ls cp ugha ldrkA ¼in la[;k 11 ls 13½
vihy Lohdkj dhA
(b) Motor Vehicles Act, 1988, Secs. 166, 168 & 173 — Appeal for enhancement of compensation — Injury matter — Injured was constable in CID — Plea that urinary problem developed due to injury and he remained hospitalised for 15 days at Government Hospital — Tribunal awarded Rs. 75,000/- — Held — No document was furnished to prove the hospitalisation and expenses of treatment — Tribunal properly appreciated the evidence available on record — Awarded amount seems to be just and proper — Award not suffers from infirmity — Intervention not warranted. (Para 17)
Appeal dismissed.
¼[k½ eksVj ;ku vf/kfu;e] 1988] /kkjk;sa 166] 168 ,oa 173 & izfrdj dh vfHko`f) gsrq vihy & pksfVy ekeyk & vkgr lhvkbZMh esa flikgh Fkk & vfHkokd~ fd pksV ds dkj.k is'kkc ls lacaf/kr leL;k fodflr gqbZ vkSj og 15 fnu jktdh; fpfdRlky; esa HkrhZ jgk & vf/kdj.k us 75]000@- #i;s vf/kfuf.kZr fd;s & vfHkfu/kkZfjr & bZykt ds O;; ,oa fpfdRlky; esa HkrhZ dks lkfcr djus gsrq dksbZ nLrkost ugha fn;s x;s & vf/kdj.k us vfHkys[k ij miyC/k lk{; dk mfpr :i ls ewY;kadu fd;k & vf/kfuf.kZr jkf'k mfpr ,oa U;k;laxr gS & vf/kfu.kZ; f'kfFkyrk ls xzflr ugha gS & gLr{ksi lefFkZr ughaA ¼in la[;k 17½
vihy vLohdkj dhA
2. Aggrieved with the meagre amount of Rs. 75,000/-, the appellant Hari Kishore Sharma has preferred an appeal for enhancement of compensation.
3. Conversely, aggrieved with the same judgment, the National Insurance Company has filed this appeal praying to set-aside the award dated 11th April, 2001 as the Company was not liable to pay any compensation.
Civil Misc. Appeal No. 778/2001:
4. The crucial question springing for consideration in the instant appeal is as to whether the Insurance Company was not liable to pay the amount of compensation to the injured claimant Hari Kishore Sharma in the event when the truck bearing registration no. RJ 25 G – 0131 was requisitioned by the State Government for election duty, which is alleged to have been involved in the accident?
5. For the disposal of the instant appeal, the back ground facts, in a nut shell, are stated thus:
“That the State Government requisitioned one truck RJ – 25 G 0131 for panchayat elections. The Officer-Incharge of the office of District Election Officer (Transport), Sawai Madhopur allotted this truck to Returning Officer of Polling party No. 68-69 for carrying all the employees of this polling party deputed to conduct the election of Panchyat Samiti, Sapotara of Panchayat General Elections, 1995. The claimant appellant Hari Kishore Sharma, Constable was a member of polling party no. 68-69 for Panchayat election duty at Sapotara. When the polling party was returning in truck RJ 25 G 0131 on 4th February, 1995 to Gangapur, the truck, on account of being rashly and negligently driven by its driver, met with an accident at Shyampura turn. Since the truck was at a high speed on turn, the same turned turtle resulting into injuries to all the 25 members of the polling party including the claimant appellant.
6. Heard learned counsel for the appellant Insurance Company as also the learned counsel for the claimant respondent and carefully perused the relevant material on record.
7. Learned counsel for the appellant Insurance Company canvassed that since the said truck RJ 25 G 0131 was requisitioned by the State Government for holding the Panchayat general elections, 1995 and the said truck was within the control and possession of the State Government, any member of the polling party, if, sustained grievous or simple injuries in an accident, the Insurance Company was not liable to pay the amount of compensation. On the contrary, the State Government is liable to pay the amount of compensation to the injured or the representatives of the deceased, as the case may be. In the instant case, all the 25 members of the polling party sustained injuries in the said accident including Hari Kishore Sharma. As such, the liability can be fastened on the State Government only to pay the amount of compensation to the injured.
8. E Contra, the learned counsel for the claimant respondent submitted that this Hon'ble Court had already ordered in stay application that the amount of compensation, if paid by the Insurance Company, could be realized by the Insurance Company from the State Government.
9. Adverting to the facts of the instant case, it is noticed that the truck RJ 25 G 0131 involved in the said accident was requisitioned by the State Government and the same was allotted by the Officer of the District Election Officer (Transport), Sawai Madhopur to the Returning Officer of Polling Party No. 68-69 to conduct the election of the Panchayat Samiti, Sapotara vide letter No. Yatayat / PA / Chunav / 95 dated 1st February, 1995. This letter clearly reveals that the said vehicle was within the control and possession of the State Government at the time when it met with an accident.
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