NATIONAL INSURANCE CO. LTD. Vs. KUMARI ARPANA

JUDGEMENT

(1.) Both the appeals arise from the Judgement dtd. 30/1/2016, passed by the learned District Judge III Cum P.O., Motor Accident Claims Tribunal, Bermo at Tenughat at Bokaro in Vahan Durghatna Dawa Wad Sankhya (M.A.C.C. No.) 92 of 2013, whereby the claim filed by the claimants has been allowed directing the appellant insurance company (insurer of Motor Cycle) to pay Rs.9,64,000.00. The insurance company is denying its liability and the claimants have filed the connected appeal seeking enhancement of compensation.

(2.) On 11/4/2022, the appellant-Insurance Company had submitted that there has been fundamental breach of terms and conditions of the policy. The first breach was that the driver of the offending motorcycle did not have the driving licence. He referred to the judgment passed by the Hon'ble Supreme Court in the case of Pappu Singh and Ors. Vs. Vinod Kumar Lamba and Anr. reported in (2018) 3 SCC 208, and submitted that adverse inference should have been drawn against the owner and right of recovery should have been granted to the Insurance Company by the Tribunal. The second breach as alleged was that the offending vehicle was without a registration number plate and it was submitted that the vehicle without displaying the registration number is a fundamental breach and it was asserted that the vehicle was registered after the date of accident.

(3.) This Court exercised jurisdiction under Order XLI, Rule 25 C.P.C and framed three additional issues and directed the Tribunal to record additional evidence and return the file with findings. The additional issues so framed were as follows: -