IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 126 of 2015 Divisional Manager, National Insurance Company Limited, Pipri, P.O. P.S. &

Town Turra, District-Sonbhadra U.P.

.... .... Appellant Versus

1. Rudhima Raj daughter of Late Samridh Sagar Sharma

2. Nashvi Raj daughter of Late Samridh Sagar Sharma

3. Rahul Kumar son of Late Samridh Sagar Sharma All residents of Village & P.O. Ray (Swaminagar) P.S. Khelari District-Ranchi

4. Name of Hazi Answar Ali has wrongly been mentioned he is not the claimant nor he was arrayed as party in Claim Application

5. Kanhaiya Chaubey son of P.N. Chaubey resident of house No. H/ 25 Hindalco Colony, P.O. P.S. & Town Renukoot District- Sonbhadra (U.P.)

… …. Respondents With M. A. No. 123 of 2015 Divisional Manager, National Insurance Company Limited, Pipri, P.O. P.S. &

Town Turra, District-Sonbhadra U.P.

.... .... Appellant Versus

1. Nalin Raj Rawat son of Late Laxman Prasad Rawat All residents of Village & P.O. Ray(Swaminagar) P.S. Khelari District-Ranchi

2. Kanhaiya Chaubey son of P.N. Chaubey resident of house No. H/ 25 Hindalco Colony, P.O. P.S. & Town Renukoot District- Sonbhadra (U.P.)

… …. Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellants :Mr. Alok Lal, Advocate Mr. Santosh Kumar, Advocate For the Respondents : Mr. Nagmani Tiwari, Advocate Mr. Navneet Sahay, Advocate ------

Order No. 13 / Dated : 10.12.2025.

I.A. No. 4819 of 2021 & I.A. No. 2409 of 2025 Learned counsel for the respondents submits that he does not want to press both the aforesaid interlocutory applications.

Accordingly, both the I.A. No. 4819 of 2021 & I.A. No. 2409 of 2025 stands dismissed as not pressed.

M. A. No. 126 of 2015 & M. A. No. 123 of 2015

1. The Insurance-Company is in appeal against the common judgment and separate award of compensation passed in Compensation Case No. 69 of

2006 and Compensation Case No. 138 of 2006 arising out of the accident which took place on 13.02.2006 in which the deceased Samridih Sagar Sharma was driving a motorcycle bearing registration no. JH01M-2780 with pillion rider Nalin Raj (injured) met with an accident involving a truck bearing registration no. UP-64C-0160.

2. The learned Tribunal recorded a finding that accident took place due to rash and negligence driving by the driver of the truck (Lakhan Singh) and awarded compensation in favour of the claimants for the death of Samridih Sagar Sharma and permanent disability of Nalin Raj in the motor vehicle accident fixing liability on the appellant-Insurance Company.

3. The appeal is preferred mainly on the ground that the during enquiry before the Tribunal, the Insurance-Company had led evidence to establish that the driving licence produced on behalf of the driver was forged and fabricated and further no permit was produced by the owner of the vehicle. In the absence of driving licence and valid permit for plying a commercial vehicle amounted to fundamental breach of the insurance policy in terms of Section 149 (2) of the M.V. Act. The learned Tribunal in para-17 of the judgment has recorded a finding that the accident was the result of negligence of driver of the truck, but it refrained from giving any finding regarding validity of the driving licence and directed the Insurance-Company to approach a competent Civil Court for a declaration that DL of the driver of the offending vehicle was forged.

4. It is argued by the learned counsel on behalf of the appellant that law is settled on the point that once the Insurance-Company pleads defence of breach of terms and conditions of insurance policy, it has a right to lead evidence with regard to it and this issue has to be decided by the Tribunal, and the Insurance-Company cannot be directed driven to any other Court for deciding this issue. In this case Ext-A is the Investigation Report, Ext-B is the DTO Report which goes to show that the driving licence no. 13414/ sonbhadra/91 was not issued in the name of Lakhan Singh, rather it was issued in the name of S.K. Mourya.

5. In