1 - Smt. Dropati Yadav W/o Late Daras Yadav Aged About 48 Years R/o v. 1 – Jugt
Case Details
1 Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.04.25 17:14:15 +0530 2025:CGHC:17829 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 76 of 2019 1 - Smt. Dropati Yadav W/o Late Daras Yadav Aged About 48 Years R/o Village Pandrapar, Ghutku, Police Station-Koni, Tahsil Takhatpur, District- Bilaspur, Chhattisgarh 2 - Ku. Aniya Yadav D/o Late Daras Yadav Aged About 17 Years Minor Through Mother Smt. Dropati Bai Yadav, W/o Late Daras Yadav, R/o Village Pandrapar, Ghutku, Police Station-Koni, Tahsil Takhatpur, District- Bilaspur, Chhattisgarh….(Claimants) --- Appellants versus 1 – Jugturam, S/o Ghasiya Ram, aged about 27 years Occupation-Driver, R/o Village Bawli (Sargaon), Police Station- Patharia, Tahsil Sargaon, District- Mungeli, Chhattisgarh. 2 - Ashok Prajapati S/o Nankulal Prajapati Aged About 47 Years R/o Kumharpara Ward No. 10, Jarhabhatha, Bilaspur, Police Station-Civil Line, District- Bilaspur, Chhattisgarh 3 - The New India Insurance Company Limited Through Branch Manager, Branch Office, Rama Trade Center, In Front Of Rajeev 2 Plaza, Near Bus Stand, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh --- Respondent(s) And MAC No. 692 of 2019 The New India Insurance Company Limited By Branch Manager, Branch Office Rama Trade Center Opposite Rajiv Plaza Near Bus Stand Bilaspur Tehsil And District Bilaspur Chhattisgarh Through Authorised Singnatory The New India Insurance Company Limited, Divisional Office 2nd Floor Rama Trade Center Above Axis Bank Opposite Rajiv Plaza Purana Bus Stand Road Bilaspur Chhattisgarh --Appellant Versus
Legal Reasoning
1 - Smt. Droupati Yadav W/o Late Daras Yadav Aged About 48 Years R/o Village Pandrapar Ghutku Police Station Koni Tehsil Takhatapur District Bilaspur Chhattisgarh 2 - Kumari Anita Yadav D/o Late Daras Yadav Aged About 20 Years R/o Village Pandrapar Ghutku Police Station Koni Tehsil Takhatapur District Bilaspur Chhattisgarh. (Note At Paragraph 34 Of Impugned Award Learned Tribunal Has Held Her Attained Majority Age Therefore She Has Been Arrayed As Major) 3 - Jugutram S/o Ghasiya Ram Aged About 27 Years Occupation Driver, R/o Village Bavli Police Station Pathariya Tehsil Sargaon District Mungeli Chhattisgarh. 4 - Ashok Prajapati S/o Nanku Lal Prajpati Aged About 47 Years R/o Village Kumharpara, Ward No. 10 Jarhabhata Bilaspur Police Station Civil Line Tehsil And District Bilaspur Chhattisgarh. ---- Respondents 3 In MAC (76/2019) For Appellants : Ms. Deeksha Bharti, Advocate on behalf of Mr. Goutam Khetrapal, Advocate For Res. No.1 & 2 : None. For Res. No.3 : Mr. B.N. Nande, Advocate In MAC (692/2019) For Appellant : Mr. B.N. Nande, Advocate. For Res. No.1&2 : Ms. Deeksha Bharti, Advocate on behalf of Mr. Goutam Khetrapal, Advocate For Res. No.3&4 : Mr. Rakesh Ku. Sahu, Advocate on behalf Mr. KPS Gandhi, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal (Order on Board) (21.04.2025) 1. Since both the appeals arise out of same award dated 06.11.2018, passed by Motor Accident Claims Tribunal, Bilaspur (C.G.), in MACT No.467/2017, therefore, they are being heard and decided by this common order. 2. The gist of the claims before the Tribunal, in brief, was that on 09.06.2016, the deceased Vikki Yadav was working as a helper with Driver Jagturam on a Hyva vehicle bearing registration number CG-10-R-0285 (the offending vehicle). On that day, they transported soil from Bachherapara, Tifra to JD Food Products, Industrial Area, Tifra. At the said location, despite having knowledge that a high-tension wire was passing above the said Hyva vehicle, Jagturam instructed the deceased to unlock the pin of the vehicle’s tipper. Furthermore, Jagturam, 4 while driving the vehicle recklessly and negligently, operated the hydraulic system (jack) at high speed, due to which the tipper came in contact with the high-tension wire and became electrically charged. As a result, the deceased Vikki Yadav came in contact with the current, receiving severe and fatal injuries to his body and vital organs, leading to his death on the spot. The incident was reported at Sirgitti Police Station based on which a criminal case was registered. 3. It is claimed that at the time of accident, deceased Vikki Yadav was aged about 25 years. He was a helper and was earning Rs. 8,000/- monthly. Due to the casual death of Vikki, there is an irreparable loss to his legal representatives, therefore, the legal representatives of Vikki had preferred an application before the Tribunal claiming compensation to the tune of Rs. 17,14,000/-. 4. Learned Tribunal, on a close scrutiny of the evidence brought on record, assessed monthly income of the deceased to Rs.45,00/- given 40% future prospects, deducted 1/2 income towards personal and living expenses and applied multiplier of 18 and awarded Rs. 6,80,400/-. Furthermore, Rs.30,000/- has been awarded by the Tribunal in other heads. Thus, total Rs.7,10,400/- has been awarded in favour of the claimants of Vikki with interest @ 6 % per annum, from the date of application till its realization. While passing the award, the 5 Claims Tribunal has fastened the liability upon Driver, Owner and Insurer. Hence, MAC No. 76/2019 has been filed by the claimants for enhancing the amount of compensation and MAC No.692/2019 has been filed by the Insurance Company to be freed from the liability. (MAC NO.76/2019) 5. Learned counsel for the appellants/claimants submits that the compensation awarded by the Tribunal is on the lower side and needs to be enhanced suitably. The learned counsel urged that the Tribunal erred in not assessing the proper monthly income of the deceased. Learned Counsel further submits that the Tribunal has also awarded lesser amount on other heads, therefore, this appeal may be allowed and amount of compensation may be enhanced suitably. He further prays that if the breach of policy is found, an order of pay and recover may be passed. 6. On the other hand learned Counsels appearing for the Respondents oppose the argument advanced by learned Counsel appearing for the appellants/claimants and submit that the impugned award is just and proper and requires no interference. 7. Now this Court shall examine as to whether the compensation of Rs.7,10,400/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 6 8. As regards the income of the deceased, though the claimants have pleaded that the deceased was earning Rs.8,000/-. per month from his work, but no documentary evidence in support thereof has been produced, but it cannot be said that the deceased was not earning anything from his work. Therefore, in absence of any reliable evidence regarding income of the deceased, keeping in mind the nature of occupation, date of accident, wage structure prevailing on the date of accident, price index and cost of living etc. specially notification by Labour Department for minimum wages, I find it appropriate to take income of deceased as Rs. 6,107/- per month as minimum wages, at the relevant time of accident i.e. 09.06.2016. The annual income comes to Rs. 73,284/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 40% towards future prospects i.e. Rs. 29,313/-, the annual income comes to Rs. 1,02,597/- (73284+29313). 9. The deceased was aged about 25 years and was unmarried and the claimants (total 2) are mother & sister of the deceased so deduction towards personal expenses would be 1/2 which dependency comes to Rs. 51,298.5/-(102597-51298). In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 7 680 considering the age of the deceased, after applying multiplier of 18, the total loss of dependency works out to Rs. 9,23,373/-. The claimants are further entitled to get Rs. 15,000/- for loss of estate, Rs. 15,000/- for funeral expenses and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, they are further entitled to get Rs. 40,000/- each for loss of love and affection. Therefore, the claimants would become entitled for total compensation of Rs. 10,33,373/-. Thus, the claimants are entitled for compensation in the following manner:- S.No. Heads Calculation 01 Towards loss of dependency Rs. 9,23,373/- 02 Towards loss of estate 03 Towards love and affection to Rs. 15,000/- Rs. 80,000/- each claimants @ Rs. 40,000/- (40000 x 2) 04 Funeral Expenses Total Rs. 15,000/- Rs. 10,33,373/- 10. Thus, the total compensation is recomputed as Rs. 10,33,373/-. After deducting Rs. 7,10,400/- as awarded by the Tribunal, the enhancement would be Rs. 3,22,973/-. 11. Accordingly, the claimants shall be entitled to get Rs.3,22,973/- in addition to what is already awarded by the Claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent. 8 (MAC No.692/2019) 12. Learned counsel for the appellant/Insurance Company argues that the Claims Tribunal has held that at the time of accident, the offending vehicle has no valid fitness, even otherwise, the Claims Tribunal has fastened the liability upon the insurance company. Thus, it is prayed that the insurance company may be exonerated from its liability. 13. Per contra, learned counsel appearing for respondents No. 3 & 4 supported the award impugned submitting that the award passed by the learned Tribunal is based on the proper appreciation of oral as well as documentary evidence which needs not to interfere. 14. Arguments of the parties are heard and the record is minutely perused. 15. The Claims Tribunal on the basis of statements of Umesh Tripathi (NAW-1) and Mr. V. Tirkey (NAW-2) held that on the date of the accident, i.e., 09/06/2016, the Hyva vehicle bearing registration number CG-10-R-0285 did not have a valid and effective fitness certificate although fastened the liability upon insurance company on the point that there is no condition mentioned in insurance policy (Exhibit D-3) stipulating a breach of terms due to the absence of a valid and effective fitness certificate of the offending vehicle. 9 16. As per the policy conditions in compliance with the M.V. Act, the insured vehicle must have a valid and effective fitness certificate. Further, looking to the statements of Umesh Tripathi (NAW-1) and Mr. V. Tirkey (NAW-2), the offending vehicle had no effective and valid fitness certificate on the date of the accident i.e. 09.06.2016. No witness has been examined by the Owner and Driver of the offending vehicle. 17. Issue of fitness certificate has been considered by five judges Bench of Hon’ble Kerala High Court in the matter of Pareed Pillai Vs Oriental Insurance Company Ltd., reported in (2019) 1 ACJ 16 and held thus: (para 17) “17. The stipulations under the above provisions clearly substantiate the importance and necessity to have a valid Fitness Certificate to the transport vehicle at all times. The above prescription converges on the point that Certificate of Registration, existence of valid Permit and availability of Fitness Certificate, all throughout, are closely interlinked in the case of a transport vehicle and one requirement cannot be segregated from the other. The transport vehicle should be completely fit and road worthy, to be plied on the road, which otherwise may cause threat to the lives and limbs of passengers and the general public, apart from damage to property. Only if the transport vehicle is having valid Fitness Certificate, would the necessary Permit be issued in terms of Section 66 of the Act and by virtue of the mandate under Section 56 of the Act, no transport vehicle without Fitness Certificate will be deemed as a validly registered vehicle for the purpose 10 of Section 39 of the Act, which stipulates that nobody shall drive or cause the motor vehicle to be driven without valid registration in public place or such other place, as the case may be. These requirements are quite 'fundamental' in MACA No. 2030 of 2015 and connected cases nature; unlike a case where a vehicle carrying more transport passengers than the permitted capacity or a goods carriage carrying excess quantity of goods than the permitted extent or a case where a transport vehicle was plying through a deviated route than the one shown in the route permit which instances could rather be branded as In other words, 'technical violations'. when a transport vehicle is not having a Fitness Certificate, it will be deemed as having no Certificate of Registration and when such vehicle is not having Permit or Fitness Certificate, nobody can drive such vehicle and no owner can permit the use of any such vehicle compromising with the lives, limbs, properties of the passengers/general public. Obviously, since the safety of passengers and general public was of serious concern and consideration for the law makers, appropriate and adequate measures were taken by incorporating relevant provisions in the Statute, also pointing out the circumstances which would constitute offence; providing adequate penalty. This being the position, such lapse, if any, can only be regarded as a fundamental breach and not a technical breach and any interpretation to the contrary, will only negate the intention of the law makers.” 18.
Decision
In view of the above in the subject matter, and the material 11 and evidence available on record in this case, it is clear that there is a clear breach of policy conditions as the offending vehicle was driven by its driver without having a valid and effective fitness certificate on the date of accident. Thus, Claims Tribunal was not justified in fastening the liability upon the insurance company. 19. Accordingly, the Insurance Company is exonerated from its liability. 20. So far as the prayer of the counsel for claimants to apply the principle of “pay and recover” is concerned, Hon’ble Supreme Court recently in the matter of Amrit Paul Singh and another Vs TATA AIG General Insurance Company Limited and others, reported in 2018(3) KHC 197 considered the issue with respect to violation of conditions of Insurance Policy on the ground that offending vehicle was not having a valid permit and held that Insurance Company first to satisfy the award and thereafter to recover the same from the insured. In the case in hand also there is a clear breach of policy conditions as the offending vehicle did not have a valid and effective fitness certificate on the date of accident. 21. In the light of Amrit Paul Singh (Supra), I direct the insurance company to first pay the amount of compensation fixed by this Court and then recover the same from the appellant/owner of the offending vehicle by filing execution petition before the concerned Claims Tribunal. 12 22. In the result, the appeal filed by the claimants (MAC No.76/2019) and the appeal filed by the insurance company (MAC No.692/2019) are partly allowed. 23. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the amount awarded by the Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Shubham Sd/- (Sanjay Kumar Jaiswal) Judge