IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 21^st OF NOVEMBER, 2022 MISC. APPEAL No. 2570 of 2014 BETWEEN:-

NATIONAL INSURANCE CO. LTD. BRANCH OFFICE, REWA, THROUGH THE DIVISIONAL MANAGER REWA ROAD, SATNA (MADHYA PRADESH)

.....APPELLANT (BY SHRI NAVJEET SINGH RUPRAH, ADVOCATE)

AND

1. WD. SAVITRI SAKET S/O LATE SHRI JANKI PRASAD SAKET, AGED ABOUT 33 YEARS, VILL. KAUADHAN PS CHORHATA DISTT. REWA (MADHYA PRADESH)

2. SHIV SAGAR SAKET S/O LATE SHRI JANKI PRASAD SAKET, AGED ABOUT 17 YEARS, OCCUPATION: STUDENT, THROUGH MOTHER AND NATURAL GAURDIAN WD. SAVITRI SAKET VILLAGE KAUADHAN PS CHORHATA DISTT.

REWA (MADHYA PRADESH)

3. SATYENDRA SAKET S/O LATE SHRI JANKI PRASAD SAKET, AGED ABOUT 16 YEARS, OCCUPATION: STUDENT, THROUGH MOTHER AND NATURAL GAURDIAN WD. SAVITRI SAKET VILLAGE KAUADHAN PS CHORHATA DISTT.

REWA (MADHYA PRADESH)

4. AMAN SAKET S/O LATE JANKI PRASAD SAKET, AGED ABOUT 14 YEARS, OCCUPATION: STUDENT, THROUGH MOTHER AND NATURAL GAURDIAN WD. SAVITRI SAKET VILLAGE KAUADHAN PS CHORHATA DISTT. REWA (MADHYA PRADESH)

Signature Not Verified 5. KU. KUSHBHU SAKET D/O LATE SHRI JANKI SAN PRASAD SAKET, AGED ABOUT 13 YEARS, OCCUPATION: STUDENT, THROUGH MOTHER AND NATURAL GAURDIAN WD. SAVITRI SAKET VILLAGE KAUADHAN PS CHORHATA DISTT.

REWA (MADHYA PRADESH)

6. WD. BHAGMANIGA SAKET W/O LATE SHRI SHARDA PRASAD SAKET, AGED ABOUT 60 YEARS, OCCUPATION: HOUSEHOLD VILLAGE KAUADHAN PS CHORHATA DISTT. REWA (MADHYA PRADESH)

7. RAJU VISHWAKARMA S/O SHRI GHANSHYAM VISKWAKARMA, AGED ABOUT 26 YEARS, OCCUPATION: DRIVER VILLAGE AKAURI PS NAI GADHI DISTT. REWA (MADHYA PRADESH)

8. UDAY PRATAP SINGH S/O SHRI R.D. SINGH OCCUPATION: BUSINESS MATHESHWARI ROADLINES BB SINGH COMPLEX JP NAGAR REWA (MADHYA PRADESH)

.....RESPONDENTS (SHRI ARUBENDRA SINGH PARIHAR, LEARNED COUNSEL FOR RESPONDENT NOS. 1 TO 6-CLAIMANTS)

This appeal coming on for admission this day, the court passed the following:

ORDER

This appeal is filed by the Insurance Company being aggrieved of award dated 23/07/2014 passed by learned VII Additional Motor Accident Claims Tribunal, Rewa in Claim Case No.105/2012 challenging the finding of pay and recover on the ground that there was breach of policy as truck in question was plying without valid permit on the date of accident, therefore, in the light of law laid down by Supreme Court in National Insurance Company Limited Vs. Pravathneni & Another, (2009) 8 SCC 785 Insurance Company should have been exonerated. Another ground is that directions issued by the Supreme Court under Article 142 of the Constitution of India cannot be issued by the High Court and therefore, the appeal should be allowed and finding of pay and Signature Not Verified SAN recover be set aside.

Shri Arubendra Singh Parihar, learned counsel for the claimants supports the award.

After hearing learned counsel for the parties and keeping in view the law laid down by the Supreme Court in the case of Amrit Paul Singh Vs. Tata AIG General Insurance Co. Ltd., (2018) 7 SCC 558, if there is no permit at the time of the accident, then direction to pay compensation amount to the claimants with interest with stipulation that Insurance Company is entitled to recover the same from owner, driver are in consonance with the principles stated in National Insurance Co. Ltd. Vs. Swaran Singh, (2004) 3 SCC

297 In view of said decision of Supreme Court, where authority is not exercised under Article 142 of the Constitution of India, this Court is of the opinion that there is no error apparent in the impugned award calling for interference.

Appeals fails and is dismissed.

Record of the Tribunal be sent back.

(VIVEK AGARWAL)

JUDGE as Signature Not Verified SAN