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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Sanjay Dhar, J.
United India Insurance Co. Ltd. – Petitioner
Versus
Chander Mohan and Others – Respondents
Mac. App. No. 119 of 2019
Decided On : 08-02-2023
Insurance - Motor Accident Claims - Violation of Policy of Insurance - Oriental Insurance Co. Ltd. vs. Premlata Shukla and Others, 2007 (5) Supreme 370, United India Insurance Co. vs. Amina Begum and Others, 2011 (4) JKJ 240 - Once a party produces a document and places relies upon it, it cannot make selective use of the said document by relying on a part of it and discarding the other part which is not favourable to it. - [MOTOR ACCIDENT CLAIMS] - [Oriental Insurance Co. Ltd. vs. Premlata Shukla and Others, 2007 (5) Supreme 370, United India Insurance Co. vs. Amina Begum and Others, 2011 (4) JKJ 240] - The court discussed the violation of the policy of insurance and the principle that once a party produces a document and relies upon it, it cannot make selective use of the document by relying on a part of it and discarding the other part which is not favorable to it. The court held that the appellant-insurance company was not liable to pay compensation to the claimant as the risk to his life was not covered under the terms and conditions of the policy of insurance.
Fact of the Case:
The claim arose from a road traffic accident where the claimant received permanent disability and medical expenses due to the accident. The appellant-insurance company challenged the award passed by the Motor Accidents Claims Tribunal, claiming that the risk to the claimant's life was not covered under the insurance policy.
Finding of the Court:
The court found that the claimant was travelling as a gratuitous passenger in the offending vehicle at the time of the accident, and therefore, the risk to his life was not covered under the terms and conditions of the policy of insurance. The court also held that the medical expenses awarded in favor of the claimant were justified based on the nature of his injuries and treatment.
Issues: The issues involved the coverage of the claimant's risk under the insurance policy and the validity of the awarded medical expenses.
Ratio Decidendi: The court's decision was based on the principle that once a party produces a document and relies upon it, it cannot make selective use of the document by relying on a part of it and discarding the other part which is not favorable to it. This principle was applied to determine the coverage of the claimant's risk under the insurance policy.
Final Decision: The court held that the appellant-insurance company was not liable to pay compensation to the claimant as the risk to his life was not covered under the terms and conditions of the policy of insurance.
JUDGMENT :
Sanjay Dhar, J.
1. The appellant-insurance company has challenged award dated 24.05.2018 passed by the Motor Accidents Claims Tribunal, Udhampur, whereby an amount of Rs. 5,84,880/- along with interest at the rate of 7% per annum has been awarded in favour of respondent No. 1/claimant (hereinafter to be referred as claimant) payable by the appellant/insurance company.
2. The claim petition that was fled before the learned Tribunal arose out of a road traffic accident that took place on 13.06.2010 at Dodi Nallah National Highway and the vehicle involved was a petrol tanker bearing registration No. JK-02R-4997. As a result of the accident which is stated to have been caused, due to rash and negligent driving of respondent No. 3/Driver, two occupants of the vehicle are stated to have died whereas two more occupants including the claimant are stated to have received grievous injuries.
3. The claimant is stated to have received permanent disability of 30% and his functional disability has been taken by the learned Tribunal as 20%. As per the case of the claimant, he was driver by profession and at the time of the accident, he was standing on the road side.
4. The case of the appellant/insurance company before the learned Tribunal was that the claimant was travelling as a gratuitous passenger in the petrol tanker and as such, risk to his life was not covered under the terms of the policy of the insurance. It was submitted by the appellant before the learned Tribunal that as per Police challan, the claimant was travelling in the offending vehicle and he was not a pedestrian as has been claimed by him. The learned Tribunal, after appreciating the evidence led by the parties, came to the conclusion that the claimant was standing on the road side at the relevant time, as such, risk to his life was covered in terms of the policy of the insurance. Accordingly, a sum of Rs. 5,84,880/- was awarded by the learned Tribunal and the same was directed to be satisfied by the appellant/insurance company.
5. The appellant/insurance company has challenged the impugned award primarily on the ground that risk to the life of claimant was not covered because he was travelling as a gratuitous passenger in the offending vehicle at the time of the accident, which is substantiated by the police investigation. It has also been contended that the amount awarded under the head of medical expenses is on higher side because the doctor, who has been examined as a witness by the claimant before the learned Tribunal has not stated anything about the bills produced on record by the claimant.
6. Heard learned counsel for the parties and perused the record.
7. Before proceeding to deal with the contentions raised by the learned counsel for the appellant, it is pertinent to mention here that respondent Nos. 2 and 3, i.e. the owner and the driver of the offending vehicle, have been set ex-parte as they have not responded to the summons issued by this Court.
8. Coming to the first contention raised by the learned counsel for the appellant-insurance company, there appears to be some merit in the said contention. If we have a look at the charge sheet, a copy whereof has been placed on record by the claimant before the learned Tribunal, it is revealed that the claimant was travelling in the offending tanker at the time of the accident. The case of the claimant before the learned Tribunal was that he was standing on the road side at the relevant time and even in the statement before the learned Tribunal, he has stuck to the same stand. Learned Tribunal believing the said statement of the claimant discarded the version given in the challan and has held that the claimant was a pedestrian and not an occupant of the offending tanker.
9. It is a settled law that a party, who produces a document and relies upon its contents cannot turn around and disown a part of the said document and adopt the other contents of the document, which are beneficial to its case. The Supreme Court in
The main legal point established in the judgment is that once a party produces a document and relies upon it, it cannot make selective use of the document by relying on a part of it and discarding th....
Motor Accident - Compensation Awarded - Challenged - Award of the tribunal with regard to determination of compensation towards loss of income of the claimant cannot be faulted with.
The deposition given before the Tribunal should be given more weight than the contents of the F.I.R. and other police records when determining liability in a motor accident claim.
A passenger is not a gratuitous passenger if they are engaged as an employee for the conveyance of goods in a vehicle for which a specific premium for worker liability has been paid, and such status ....
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