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2023 Supreme(Online)(MP) 6006
1 M.A.No.4465/2022
& M.A.No.5950/2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 10th OF MAY, 2023
MISC. APPEAL No. 4465 of 2022
BETWEEN:-
NATIONAL
INSURANCE
COMPANY
LTD.
THROUGH DEPUTY MANAGER IST FLOOR
BRAHMANAND CHAMBER OPPOSITE M.P.
SHAH
ARTS
AND
SCIENCE
COLLEGE
SURENDRA NAGAR, DISTRICT SURENDRA
NAGAR
PRESENTLY
KHANDELWAL
BUILDINGH STATIOIN ROAD, BALAGHAT
TASHIL AND DISTRICT BALAGHAT (M.P.)
T.P. HUB (MADHYA PRADESH)
.....APPELLANT
(BY MS.AMRIT KAUR RUPRAH - ADVOCATE )
AND
1.
SMT.
ASHWINI
SINHA
W/O
GAUTAMLAL SINHA, AGED ABOUT 34
YEARS,
CASTE
KALAR,
R/O
OLD
ADDRESS WARD NO. 10, BHARVELI,
PRESENT
ADDRESS
WARD
NO.
4,
BHAGAT SINGH CHOWK, HIRAPUR,
POST
BHARVELI,
TAHSIL
AND
DISTRICT
BALAGHAT
(MADHYA
PRADESH)
2.
DEVENDRA
SINHA
S/O
LATE
GAUTAMLAL SINHA, AGED ABOUT 17
YEARS,
OCCUPATION:
MINOR
THROUGH MOTHER AND NATURAL
GUARDIAN
SMT
ASHWINI
SINHA
CASTE KALAR, R/O OLD ADDRESS
WARD NO. 10, BHARVELI, PRESENT
ADDRESS WARD NO. 4, BHAGAT SINGH
CHOWK, HIRAPUR, POST BHARVELI,
TAHSIL
AND
DISTRICT
BALAGHAT
2 M.A.No.4465/2022
& M.A.No.5950/2022
(MADHYA PRADESH)
3.
KU. DRONI SINHA D/O LATE GAUTAMLAL
SINHA,
AGED
ABOUT
11
YEARS,
OCCUPATION:
MINOR
THROUGH
MOTHER AND NATURAL GUARDIAN SMT
ASHWINI SINHA CASTE KALAR, R/O OLD
ADDRESS
WARD
NO.
10,
BHARVELI,
PRESENT ADDRESS WARD NO. 4, BHAGAT
SINGH
CHOWK,
HIRAPUR,
POST
BHARVELI,
TAHSIL
AND
DISTRICT
BALAGHAT (MADHYA PRADESH)
4.
KHUBLAL SINGH S/O TETKU RAM SINHA,
AGED ABOUT 73 YEARS, CASTE KALAR,
R/O
OLD
ADDRESS
WARD
NO.
10,
BHARVELI, PRESENT ADDRESS WARD NO.
4, BHAGAT SINGH CHOWK, HIRAPUR,
POST BHARVELI, TAHSIL AND DISTRICT
BALAGHAT (MADHYA PRADESH)
5.
MANGALI SINHA W/O KHUBLAL SINHA,
AGED ABOUT 66 YEARS, CASTE KALAR,
R/O
OLD
ADDRESS
WARD
NO.
10,
BHARVELI, PRESENT ADDRESS WARD NO.
4, BHAGAT SINGH CHOWK, HIRAPUR,
POST BHARVELI, TAHSIL AND DISTRICT
BALAGHAT (MADHYA PRADESH)
6.
PRAVEEN
KUMAR
LABANA
S/O
GHABARCHAND LABANA(BANJARA) R/O
VILLAGE
BHANDA,
POLICE
STATION
RAM
SAGDA,
DISTRICT
DOONGARPUR(RAJASTHAN)
(VEHICLE
DRIVER)
7.
M/S A1 ACID PRIVATE LIMITED, A-2,
CORPORATE HOUSE, SHIVALIC CENTRE,
BODAKDEV, AHMEDAABAD (GUJARAT)
3 M.A.No.4465/2022
& M.A.No.5950/2022
.....RESPONDENTS
(BY SHRI TIRATH PRASAD JAISWAL - CAVEAT )
MISC. APPEAL No. 5950 of 2022
BETWEEN:-
1.
SMT. ASHWANI SINHA W/O GOUTAMLAL
SINGH,
AGED
ABOUT
34
YEARS,
OCCUPATION:
CASTE
KALAR
OLD
ADDRESS WARD NO. 10 BHARVELI AT
PRESENT R/O WARD NO. 14 BHAGAT SINGH
CHOWK HIRAPUR POST BHARVELI TAHSIL
AND
DISTRICT
BALAGHAT
(MADHYA
PRADESH)
2.
DEVENDRA
SINHA
S/O
GOUTAM
LAL
SINHA,
AGED
ABOUT
11
YEARS,
OCCUPATION:
MINOR
THROUGH
GUARDIAN
MOTHER
ASHIVANI
SINHA
CASTE KALAR R/O OLD ADDRESS WARD
NO. 10 BHARVELI AT PRESENT R/O WARD
NO. 14 BHAGAT SINGH CHOWK HIRAPUR
POST BHARVELI TAHSIL AND DISTRICT
BALAGHAT (MADHYA PRADESH)
3.
KU. DRONI SINHA D/O GOUTAM LAL SINHA,
AGED ABOUT 5 YEARS, OCCUPATION:
MINOR THROUGH GUARDIAN MOTHER
ASHIVANI SINHA CASTE KALAR R/O OLD
ADDRESS WARD NO. 10 BHARVELI AT
PRESENT R/O WARD NO. 14 BHAGAT SINGH
CHOWK HIRAPUR POST BHARVELI TAHSIL
AND
DISTRICT
BALAGHAT
(MADHYA
PRADESH)
4.
KHUBLAL SINHA S/O TETKURAM SINHA,
AGED ABOUT 67 YEARS, R/O OLD ADDRESS
WARD NO. 10 BHARVELI AT PRESENT R/O
WARD NO. 14 BHAGAT SINGH CHOWK
HIRAPUR POST BHARVELI TAHSIL AND
4 M.A.No.4465/2022
& M.A.No.5950/2022
DISTRICT BALAGHAT (MADHYA PRADESH)
5.
MANGLI SINHA W/O KHUBLAL SINHA,
AGED ABOUT 60 YEARS, R/O OLD ADDRESS
WARD NO. 10 BHARVELI AT PRESENT R/O
WARD NO. 14 BHAGAT SINGH CHOWK
HIRAPUR POST BHARVELI TAHSIL AND
DISTRICT BALAGHAT (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI TIRATH PRASAD JAISWAL - ADVOCATE )
AND
1.
PRAVEEN
KUMAR
LABANA
S/O
GHABARCHAND
LABANA
BANJARA
OCCUPATION: VEHICLE DRIVER MANDA
POLICE STATION RAMSAGDA DISTRICT
DUNGARPUR (RAJASTHAN)
2.
M/S
A1
ACID
PRIVATE
LTD.
A-2
CORPORATE HOUSE SHIVALIK BUSINESS
CENTRE
BODAKDEV
AHMADABAD
(GUJRAT) (GUJARAT)
3.
NATIONAL INSURANCE COMPANY LTD.
FIRST FLOOR BRAMHANAND CHAMBER
OPPOSITE M.P. SHAH ARTS AND SCIENCE
COLLEGE SURANDRA NAGAR DISTRICT
SURENDRANAGAR
PERMANENT
R/O
KHANDELWAL BUILDING STATION ROAD
BALAGHAT
TAHSIL
AND
DISTRICT
BALAGHAT (MADHYA PRADESH)
.....RESPONDENTS
(MS.AMRIT KAUR RUPRAH – ADVOCATE FOR THE RESPONDENT
NO.3)
………………………………………………………………………………………
5 M.A.No.4465/2022
& M.A.No.5950/2022
These appeals coming on for admission this day, the court
passed the following:
Narinder Pal Singh Ruprah,
By this common order, M.A.No.5950/2022 shall also be
decided.
2.
Both these misc.appeals have been filed under section 173 of
Motor Vehicles Act against the award dated 16.08.2022 passed by
Member, Motor Accident Claims Tribunal, Balaghat in MACC
No.10/2016.
3.
M.A.No.4465/2022 has been filed by the Insurance Company;
whereas M.A.No.5950/2022 has been filed by the claimants for
enhancement of compensation amount.
4.
The facts necessary for disposal of the present appeals in short,
are that on 30.12.2015, the deceased Gautamlal along with his friend
Bhawani Singh was going on a motorcycle. They were dashed from
behind by the Driver of the Tanker bearing registration no.GJ 01 CT
6614, as a result both fell down on the ground and they were run
over by the aforesaid Tanker crushing their heads.
5.
It is the case of the claimants that deceased Gautamlal was
aged about 41 years and he was working in S.K.Project Hindustan
Zinc Limited Dariba, Tahsil Railmagra, District Rajsamand
(Rajasthan) on the post of Mining Mit and was getting the monthly
salary of Rs.55,585/-. The non-applicant no.1 was the Driver, who
was holding the valid driving licence; whereas the non-applicant
no.2 was the Owner of the vehicle and the non-applicant no.3 is the
Insurance Company. The accident took place on account of rash and
6 M.A.No.4465/2022
negligent driving of the non-applicant no.1. The Tanker was
carrying hazardous goods and accordingly a claim petition was filed
for compensation for a sum of Rs.1,37,73,380/- .
6.
The non-applicants no.1 and 2 were proceeded ex parte and
did not file their written statement. The non-applicant no.3 filed its
written statement and denied the accident as well as disputed the
salary drawn by deceased Gautamlal. It was pleaded that since the
Tanker was carrying hazardous goods, therefore, the same could
have been driven by a person holding the licence to drive the goods
vehicle meant for hazardous substances. The Tanker was being
driven without any permit and fitness and exorbitant claim has been
made. The deceased himself was going on motorcycle and
accordingly the Driver, Owner as well as the Insurance Company of
the motorcycle have not been impleaded.
7.
The Claims Tribunal, after framing issues and recording
evidence, allowed the claim petition and awarded Rs.64,34,960/- and
the appellant was also made jointly and severally responsible along
with the non-applicants no.1 and 2.
M.A.No.4465/2022
8.
Challenging the award passed by the Claims Tribunal, it is
submitted by the counsel for the appellant/Insurance Company that
the Driver of the offending Tanker was merely holding the driving
licence to drive heavy transport vehicle but he was not holding any
driving licence to drive the vehicle meant for transporting hazardous
substances. It is further submitted that the non-applicant no.2 had
7 M.A.No.4465/2022
paid an amount of Rs.20,00,000/- to the legal representatives of the
deceased Gautamlal, which could have been adjusted.
9.
Per contra, it is submitted by the counsel for the claimants that
no separate licence is required for driving a vehicle carrying
hazardous substances. The only requirement is that the educational
qualification of the driver should not be less than 10th pass and
should have 5 years of experience in transporting hazardous
substances. It is further submitted that so far as the amount of
Rs.20,00,000/-, which has been paid by the non-applicant
no.2/respondent no.7 to the legal representatives of the deceased
Gautamlal is concerned, the said amount was the amount of
Insurance Policy, which was got done by the non-applicant no.2.
The deceased Gautamlal was the employee of non-applicant no.2 and
therefore, if any insurance amount has been paid, then it is not liable
to be adjusted in the compensation a
