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Judgment
Heard learned counsel for the appellant.
Vijendra Kumar @ Vijendra Kr. Singh is the appellant/claimant who has preferred this appeal for enhancement of the Award and also to show that
because of the discretion exercised by the learned Tribunal, the claimant has suffered.
Learned counsel for the appellant/claimant has submitted that in the same accident, two persons sustained injuries in which one of the persons died.
The dependent/claimant of the deceased has preferred Compensation Case No.80 of 2007, where the Insurance Company has admitted in its written
statement that offending vehicle, Maruti-800 car bearing Registration No.JH05B 9548, registered in the name of Mrs. Aloka Manki was insured vide
Insurance Policy No.1504372311101530 which was marked as Exhibit-X/1 in that case, was allowed by the learned Tribunal vide Award dated
25.02.2013 and said compensation to the tune of Rs.12,71,316/- was also satisfied by the Reliance General Insurance Company Limited vide Cheque
No.323218 issued from HDFC Bank in the name of claimant- Nitu Singh on 27.06.2013 but while considering the case of the claimant, Vijendra
Kumar @ Vijendra Kr. Singh in Motor Accident Claim Case No.107 of 2008, the learned Tribunal has considered all these aspects of the matter at
Page 13 of the impugned Award, but has recorded that no insurance policy was in existence for the offending vehicle i.e. Maruti 800 car bearing
Registration No.JH05B 9548.
Learned counsel for the appellant has further submitted that Insurance Company cannot be allowed to take plea(s) which are contrary in nature. In
one claim application they have admitted that the offending vehicle was insured whereas in another claim application of the same occurrence, they
have alleged that the Insurance policy is fake. To buttress his argument, learned counsel for the appellant has submitted photocopies of the two
documents filed in Compensation Case No.107 of 2008 on 22.05.2017, cover note and the insurance policy vide No.1504372311101530 and the
certificate given by the competent authority which have been marked as Exhibits- A & B. Learned counsel for the appellant has further submitted that
in para 8 of the written statement filed by one Santa Patnaik, S/o Ajit Kumar Patnaik, R/o Flat 4E, Tower 9, Genex Valey Apartment, Joka, Kolkata in
the compensation case no.80 of 2007 by the O.P. No.2- Reliance General Insurance Company Ltd. has admitted that Maruti 800 car bearing
Registration No.JH05B 9548 was issued by this Insurance Company on 15.02.2012 while in the present case, the Branch Manager (different person)
subsequently filed another certificate on 11.05.2017 which has been marked as Exhibit-B in Compensation Case No.107 of 2008 that Insurance Policy
No. 1504372311101530 in the name of Mrs. Aloka Manki of Maruti 800 car bearing Registration No.JH05B 9548, Engine No.3370269, Chassis
No.2357131 has not been issued by the Company. Further in the present case, Purnendu Chatterjee, Management Trainee Legal Claims posted in the
Regional Office, of the Reliance General Insurance Company Ltd. Kolkata who has been examined as O.P. -W.1 on behalf of the O.P. No.2 has
submitted that Insurance Policy vide No. 1504372311101530 was issued in the name of Ramnath Mehta for Maruti Car bearing Registration
No.BR02B -3952 which was valid for the period from 20th June, 2007 to 19th June, 2008. As such, because of such policy adopted by the Insurance
Company, the learned Tribunal has awarded compensation to be paid by the owner of offending vehicle, Mrs. Aloka Manki to the injured. Learned
counsel for the appellant has further submitted that the learned Tribunal should have taken notice of the fact that the Hon'ble Apex Court in the case
of Oriental Insurance Co. Ltd vs. Nanjappan and Others, reported in (2004) 13 SCC 224, followed in the case of Manuara Khatun and Others vs.
Rajesh Kumar Singh and Others, reported in (2017) 4 SCC 796 and Shamanna and Another vs. Divisional Manager, Oriental Insurance Company
Limited and Others, reported in (2018) 9 SCC 650 has taken such situation and issued principle of pay and recover which the learned Tribunal has
failed to exercise in accordance with law and judgment passed by the Hon'ble Apex Court.
Under the aforesaid circumstances, the then Presiding Officer is directed to explain that once the document was before him why he has not inquired
about the matter or informed the Insurance Regulatory Development Authority (IRDA) about such stand taken by the Officers of the respondent-
Reliance General Insurance Co. Ltd.
Under the aforesaid circumstances, the then Presiding Officer is directed to submit his report clarifying the stand.
Learned counsel for the appellant is directed to implead Insurance Regulatory Development Authority (IRDA) as a party- respondent no. 3 in this
appeal so as to issue notice under both process, for which requisites etc. must be filed within two weeks.
Let notice be issued to the owner of the offending vehicle/respondent no.2 under both process for which requisites etc. must be filed within one week
after opening of the Court after Winter Vacation.
Office is directed to serve a copy of the judgment and the certified copy of the document which has been arranged as item nos. 1, 2, 3 and 4 to the
Insurance Regulatory Development Authority (IRDA) as the same has been taken on record today itself.
Let the response of the then Presiding officer as well as Insurance Regulatory Development Authority (IRDA) be submitted before this Court at the
earliest.
Put up this case thereafter.
Learned counsel for the appellant is directed to serve two copies of the memo of appeal along with aforesaid documents which have been taken on
record as item nos. 1, 2, 3 and 4 on learned counsel for the Insurance Company.
Office is directed to mark the document taken on record as item nos. 1, 2, 3 and 4 and be served upon Mr. A.K. Das, Advocate who normally
appears for the Reliance General Insurance Co. Ltd.
Let a copy of the impugned award along with copy of the order and the document taken on record as item nos. 1, 2, 3 and 4 be served upon the then
Presiding Officer upon his present and correct place of posting by the Registrar Vigilance of this Court in a sealed cover asking him to reply within 15
days.
Let a copy of this order be handed over to Ms. Swati Shalini assisting counsel to Mr. A.K. Das, Advocate for handing over/communicating to
Reliance General Insurance Company Limited.