Kedar Nath Pandey vs United India Insurance Company Ltd. and Others

Anil Kumar, J.—Heard Sri T.N. Tiwari, learned Counsel for the Appellant and Sri Anand Mohan, learned Counsel appearing on behalf of O.P. No. 1. In brief the facts of the present case are that on 21.05.2004 one Sri Mohd. Harun traveling on his cycle, coming from his field to Ghera, met with an accident on the route Faizabad to Akbarpur, by Tata Sumo having registration No. U.P. 42T 0298 driven negligently and rashly by his drive, as a result of which he died.

In view of the abovesaid facts, O.P. Nos. 2 to 6/claimants filed a claim petition (MACT Case No. 7 of 2005 Smt. Sabihannish and Ors. v. Kedar Nath Pandey and Ors. MACT Case No. 7 of 2005) and the owner of the vehicle (Appellant) as well as O.P. No. 1/United India Insurance Company Ltd. Rakabganj, Faizabad the insurer of the vehicle involved in the accident were impleaded as opposite parties.

After exchanged of the pleadings between the parties, the Motor Accident Claims Tribunal has framed four issued, out of which issue No. 3 is as follows:

"Kya durghatna ke dinank samay wa sthan par uprokt vahan United Insurance Co. dwara bimit thi?"

Further, on the basis of the documentary evidence on record, the Motor accident Claims Tribunal while deciding the issue No. 3 given a finding that premium in respect to the insurance of the vehicle in question has been given by the owner of the vehicle amounting to Rs. 6899/- by a cheque, dishonoured on 20.11.2003. Accordingly, at the time of the accident, the vehicle in question was not insured with the United India Insurance Ltd. Rakabgaj, Faizabad.

In view of the abovesaid facts, by judgment and award dated 29.07.2007 the Motor Accident Claims Tribunal/ Additional District Judge, Ambedkar Nagar had allowed the claim petition against Sri Kedar Nath Pandey the owner of the vehicle in question.

Thereafter on behalf othe Appellant/owner of the vehicle (Sri Kedar Nath pandey) an application u/s 151 CPC has been moved for recall of the order dated 29.07.2007, registered as paper No. 3Ka1, (Registered as Misc. Case No. Nil of 2008Kedar Nath Pandey v. Smt. Sabihannish and Ors. Misc. Case No. Nil of 2008, rejected vide order dated 16.10.2010.

Aggrieved by the judgeship and award dated 29.07.2007 as well as order dated 16.10.2010 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Ambedkar Nagar, the present appeal has been filed.

Needless to mention herein that Sri Ananad Mohan, learned Counsel appearing on behalf of Insurance company fairly submits that after the dishonour of the cheque in question, the amount of premium has been deposited by the Appellant with the Insurance Company by way of cash that too before the date of accident and fresh policy was issued, although the said documents was not brought on record by the owner/Appellant of the vehicle involved in teh accident before the Tribunal prior to passing of the award.

Further in the present case, the amount which awarded by the Motor Accident Claims Tribunal as per the submission made by Sri T.N. Tiwari, learned Counsel for the Appellant has already been paid by the Appellant/Kedar Nath Pandey to the claimants.

In view of the abovesaid factual background and keeping in view the fact that as it is not disputed by Sri Anand Mohand learned Counsel appearing on behalf of the Insurance Company that the vehicle in question was insured at the time of accident with O.P. No. 1, so the interest of justice will sub-serve in the present case if the matter is remanded back to the Motor Accident Claim Tribunal to decide afresh in accordance with law.

For the foregoing reasons, the appeal is allowed, the judgment and award dated 29.07.2007 passed by Motor Accident Claims Tribunal, Ambedkar Nagar in Claim Petition No. 7 of 2005 Smt. Sabihannish and Ors. v. Kedar Nath Pandey and Ors. as well as order dated 16.10.2010 passed in Misc. Case No. Nil of 2008 Kedar Nath Pandey v. Smt. Sabihannish and Ors. are set aside, and the matter is remanded back to the Motor Accident Claims Tribunal, Ambedkar Nagar to decide afresh in accordance with law that whether at the time of accident the vehicle in question (Tata Sumo No. UP 42 T 0298) owned by Sri Kedar Nath Pandey is insured with the United India Insurance Company, Rakabganj, Faizabad or not after giving opportunity of hearing to the parties.