Sudha Dwivedi vs Bhagwat Patel - 2023 Supreme(Online)(MP) 2694

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2023 Supreme(Online)(MP) 2694

IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 14^th OF MARCH, 2023
MISC. APPEAL No. 3511 of 2012
BETWEEN:-
SUDHA DWIVEDI W/O SHRI RAKESH KUMAR DWIVEDI,
AGED ABOUT 42 YEARS, OCCUPATION: VILL. IN FRONT
OF NAGAR PALIKA PANCHAY
AT OPP. OF GALLA MANDI
GOVINDGARH P.S. GOVINDGARH TAH. HUZUR, DISTT.
REWA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI Y.P.SHARMA - ADVOCATE)
AND
1.
RAM PRAKASH DAHIY
A S/O SHRI V
ANSHROOP
DAHIY
A, AGED ABOUT 40 YEARS, OCCUPATION:
LABOUR
VILL.
AND
POST
MADW
A
P.S.
GOVINDGARH,
TAH.
HUZUR,
DISTT.
REW
A
(MADHYA PRADESH)
2.
DEEPAK KUMAR BAHELIY
A S/O RAMESH KUMAR
BAHELIY
A, AGED ABOUT 25 YEARS, IN FRONT OF
PUSHPRAJ HIGHER SEC. SCHOOL,GOVINDGARH
BASTI
TAHSIL
HUZUR,
REW
A
(MADHY
A
PRADESH)
3.
RELIANCE GENERAL INSURANCE COMP. LTD,
CROSS
ROAD
W
ADALA(W)
MUMBAI
40031
(MADHYA PRADESH)
.....RESPONDENTS
(INSURANCE COMPANY BY SHRI T.S.LAMBA - ADVOCATE)
MISC. APPEAL No. 3513 of 2012
BETWEEN:-
SUDHA DWIVEDI W/O SHRI RAKESH KUMAR DWIVEDI,
AGED ABOUT 42 YEARS, IN FRONT OF NAGAR PALIKA
PANCHAY
AT, OPP. OF GALLA MANDI GOVINDGARH,
REWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI Y.P.SHARMA - ADVOCATE)
AND
1.
BHAGWAT PATEL S/O SHRI BENI MADHAV PATEL,
AGED ABOUT 32 YEARS, OCCUPATION: DRIVER
VILL. AND POST MADW
A, P.S. GOVINDGARH,
TAHSIL HUZUR, REWA (MADHYA PRADESH)
2.
DEEPAK KUMAR BAHELIY
A S/O RAMESH KUMAR
BAHELIY
A, AGED ABOUT 25 YEARS, IN FRONT OF
PUSHPRAJ HIGHER SEC. SCHOOL,GOVINDGARH
BASTI
TAHSIL
HUZUR,
REW
A
(MADHY
A
PRADESH)
3.
RELIANCE GENERAL INSURANCE COMP. LTD,
CROSS
ROAD
W
ADALA(W)
MUMBAI
40031
(MADHYA PRADESH)
.....RESPONDENTS
(INSURANCE COMPANY BY SHRI T.S.LAMBA - ADVOCATE)
These appeals coming on for orders this day, the court passed the
following:

Advocates:
Y.P. Sharma,T.S.Lamba,C.S.Lamba(R-3)

ORDER

These appeals are filed by the Owner of the Offending Jeep bearing registration No.MP-17A-4625 being aggrieved of award dated 17.9.2012 passed by the 1st Additional Member to the Court of 1st Additional Motor Accident Claims Tribunal, Rewa in Claim Case No.171/2011 & Claim Case No.172/2011 exonerating the Insurance Company on the ground that the Offending Vehicle which met with an accident on 20.5.2009 and which was used for commercial purpose for carrying the passengers on hire and reward, was not having the permit on the date of the accident.

Learned counsel for the appellant submits that exoneration of the Insurance Company is illegal and atleast the direction should have been to Pay & Recover the compensation.

The issue of lack of permit is already well settled by the Constitution Bench of the Kerala High Court in Pareed Pillai versus Oriental Insurance Company Limited 2018 SCC OnLine Ker 3543 as well as the Division Bench Judgment of this Hon'ble High Court in Ram Sujan Tiwari versus Sita Gupta & Others 2009 A.C.J 437 wherein it is held that since the vehicle was driven on the route for which permit was not granted and hence it contravened the condition of the permit and in such circumstances, the Insurance Company cannot be held liable to pay compensation.

Keeping in view the aforesaid pronouncement of law rendered by the Constitution Bench of the Kerala High Court in Pareed Pillai versus Oriental Insurance Company Limited (supra) as well as the Division Bench Judgment of this Hon'ble High Court in Ram Sujan Tiwari versus Sita Gupta & Others (supra) so also as there is evidence of Shri R.P.Chaturvedi S/o. Late Shri R.S.Chaturvedi, Accountant in the Office of R.T.O, who was looking after the work of permit in the R.T.O. at Rewa, these appeals are devoid of merits as for violation of the permit condition, exoneration of the Insurance Company cannot be said to be illegal or arbitrary in the light of the law laid down by the Constitution Bench of the Kerala High Court in Pareed Pillai versus Oriental Insurance Company Limited (supra) as well as the Division Bench Judgment of this Hon'ble High Court in Ram Sujan Tiwari versus Sita Gupta & Others (supra).

Accordingly, these appeals fail and are dismissed.

Let record of the Claims Tribunal be sent back.

(VIVEK AGARWAL) JUDGE amit

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