Nanda Bai vs Jagdish And Anr.

on 27 April, 2004

Madhya Pradesh High Court Madhya Pradesh High Court Nanda Bai vs Jagdish And Anr. on 27 April, 2004 Equivalent citations: I (2005) ACC 80 Author: A Sapre Bench: A Sapre, A K Tiwari JUDGMENT A.M. Sapre, J. 1. The short question that arises for consideration in this appeal is, whether Tribunal was justified in confining the liability to the extent of Rs. 50,000/- on the Insurance Company out of the total compensation of Rs. 1,37,000/- awarded to the claimant, or in other words, whether Insurance Company can be made liable to suffer the entire award of Rs. 1,37,000/-. The impugned award is dated 15.9.1999, passed by 1st Additional Member of Motor Accident Claims Tribunal, Dewas in Claim Case No. 96 of 1998. This appeal is filed by the claimant under Section 173 of the Motor Vehicles Act against the aforementioned award for questioning the aforementioned finding against the claimant. 2. Heard Mr. H.S. Rajpal, learned Counsel for the appellant and Mr. S.V. Dandwate, learned Counsel for the respondent No. 2. None for the other respondent. 3. If the contention of the appellant's Counsel was that the entire liability should have been fastened upon the Insurance Company the submission of learned Counsel for the Insurance Company was for upholding of the impugned award calling for no interference in the facts of the case found proved. 4. Having learned Counsel for the parties and having examined the short issue urged by the parties, we are of the view that appeal has no merit and hence, it is liable to be dismissed resulting in upholding of the impugned award. 5. It is not in dispute that the deceased Guman Singh himself was the owner of offending vehicle MP-09-K-4900 and was travelling in the said vehicle. It is also not in dispute that no extra premium to cover the risk of owner of the vehicle was paid by the deceased i.e., owner of the vehicle. In such situation, no liability can be fastened upon the Insurance Company for the death of owner of the vehicle traveling in his own goods vehicle. Similar was the view taken by the Division Bench of this Court in the case of The New India Assurance Co. v. Dhan Raj M.A. No. 1712 of 2002 decided on 21.7.2003. We are in respectful agreement with the view taken by the Division Bench in the case of New India Assurance, (supra). 6. As a result of the aforesaid discussion and in the light of facts found and taken note of by the Tribunal, we find no case to up turn the finding recorded by the Tribunal exonerating the Insurance Company to satisfy the award wholly. 7. So far as quantum issue is concerned, no attempt was made to seek any enhancement. Neither the ground is raised in appeal, nor in submission. 8. Accordingly, the appeal is held devoid of substance. It is dismissed. No costs.

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