NATIONAL INSURANCE CO.LTD. Vs. SUNITA TIWARI

JUDGEMENT

(1.) Miscellaneous Appeal No.3831/2019, Miscellaneous Appeal No.3830/2019, Civil Revision No.449/2019, Miscellaneous Appeal No.3832/2019, Miscellaneous Appeal No.3833/2019, Miscellaneous Appeal No.3833/2019, Miscellaneous Appeal No.3835/2019, Miscellaneous Appeal No.3836/2019, Miscellaneous Appeal No.3837/2019 & Miscellaneous Appeal No.497/2021 have been filed by the National Insurance Company Limited being aggrieved of award dtd. 16/4/2019 passed in Claim Case No.9/2014, Claim Case No.85/2014, Claim Case No.105/2014, Claim Case No.12/2013, Claim Case No.10/2013, Claim Case No.104/2014, Claim Case No.66/2014, Claim Case No.96/2014, Claim Case No.53/2014, Claim Case No.146/2013 by the II Motor Accident Claims Tribunal, Satna on the ground that the Claims Tribunal while allowing the claim petitions and passing the impugned award overlooked the fact that the Truck bearing registration No.UP90-T-3044 owned by Rajendra Kumar Gautam (Non-Applicant No.3) and insured with National Insurance Company Limited (Appellant Herein) was authorised to be driven by Ram Naresh Kushwaha (Non-Applicant No.2) but Unauthorised Driver Arjun Kashyap (Non-Applicant No.1) had driven the said Truck rashly & negligently and while coming from the side of Unchehara had dashed it in Chowk Bazar crushing several Scooters, Bikes & Handcarts, as a result of which, some people died and several received injuries.

(2.) The allegation is that on 6/8/2013 at 4:45 PM, when the offending Truck was being driven by Ram Naresh Kushwaha, who was travelling with his Cleaner Pintu Gautam at Village Piprikala, there was a road block and the Driver of the Offending Truck was waiting for clearing of the traffic blocked, at that time, Arjun Kashyap armed with a Screw Driver in one hand and Vegetable Knife in another hand boarded the Truck and tried to hit Pintu Gautam, as a result of which, the Truck Driver Ram Naresh Kushwaha left the Truck leaving the keys intact in the ignition and Arjun Kashyap took control of the Truck and started driving resulting in the said accient.

(3.) The contention put forty by learned counsel for National Insurance Company Limited is that the Truck was being driven by an unauthorised person, therefore, National Insurance Company Limited is not liable to pay compensation. She places reliance on Division Bench Judgment of this Hon'ble High Court in United India Insurance Company Limited versus Kishorilal & Others 2005 ACJ 1399 to contend that in the said case, the keys of the vehicle were snatched from the Driver by respondent No.6 Santosh Gupta and he drove the vehicle causing the accident, therefore, the Insurance Company was not held liable to indemnify the owner.