M/S United India
Insurance Co. Ltd. Vs. Sukh Deo Yadav [2009] INSC 608 (24 March 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1825 OF 2009 (Arising
out of SLP (C) No.13873 of 2008 M/s. United Insurance Co. Ltd. ....Appellant
Versus Sukh Deo Yadav ....Respondent
DR. ARIJIT PASAYAT,
J.
1.
Leave
granted.
2.
Challenge
in this appeal is to the order passed by the National Consumer Disputes
Redresssal Commission, New Delhi, (in short `National Commission') dismissing
the revision petition filed by the appellant (hereinafter referred to as the
`insurer'). The National Commission upheld the order passed by the Jharkhand
State Consumer Redressal Commission, Jharkhand (hereinafter referred to as the
`State Commission').
2. Background facts
in a nutshell, as projected by the appellant, are as under:
Jeep No.JH-02-4827
was the subject matter of insurance with the appellant from 23.7.2003 to
22.7.2004. The vehicle in question met with an accident on 9.6.2004 and 14
persons were traveling in the Jeep, and four persons including the driver died
on the spot and 10 persons received injuries. The jeep was permitted to carry
10 passengers, but it was carrying 14 passengers. The news of the accident also
flashed in Hindi Daily `Hindustan' at the front page where the driver of jeep
was shown as Amitabh alias Munna Singh aged about 25 years. Claim was lodged by
Sukhdeo Yadav for damage of his vehicle and in survey report the
Surveyor/Investigator has mentioned in para 4 and 5 of the report that the
driver of the jeep at the time of accident was Amitabh Singh. The claim was repudiated.
The claim was repudiated on the basis of fraud played by respondent as well as
violation of terms and conditions of Insurance Policy.
2 Aggrieved by the
said repudiation the respondent had filed a complaint before the District
Consumer Dispute Redressal Forum, Koderma (in short `District Forum') for
insurance claim of his own damaged vehicle thereby stating that Amitabh Singh
was a clearner in the vehicle, not driver and the jeep was being driven by
Sanjeev Kumar. As per survey report Amitabh was not holding a valid driving
license and to evade the third party claims for 4 dead and 10 injured, the
respondent has substituted his son Sanjeev Kumar as driver. The District Forum
has passed an order, accepting the claim which was confirmed by the State
Commission and directed the petitioner to pay a sum of Rs.2,70,000/- plus 10%
interest towards compensation.
Aggrieved by the said
order the petitioner had filed revision petiton before the National Commission
which was dismissed in limine thereby endorsing the order passed by State
Commission. According to the appellant the National Commission did not deal
with the plea of fraud played by respondent in this case.
3. According to the
appellant the records including the case diary clearly show that the vehicle
was being driven by Munna Singh who did not have a valid driving license. When
the vehicle was being driven on 9.6.2004 by the aforesaid Munna Singh it was
involved in a head on collusion. The District Forum and the State Commission
did not consider the evidentiary value of the case diary which was produced. In
several documents it was clearly noted that the vehicle was being driven by
Munna Singh and not by Sanjeev Kumar as claimed. Sanjeev Kumar is the son of
the owner of the Jeep. Particular reference is made to the case diary wherein
it has been stated as follow:
"In the accident
deceased Amitabh Singh Alias Munna Singh S/o Late shri Muzzafar Singh R/o Vill.
Simar Sol.
P.S. Rajelly. The
post mortem report of deceased is below:
ii) Name of the
deceased, Sub-name, Father's name, Residence, age, sex: Deceased Amitabh alias
Munna Singh S/o Late Shri Muzafar Singh R/o Vill. Simar Kol P.S. Rajauli Distt.
Nawada at present driver of jeep No.JH02-A-4827 age about 22 years Male,
Hindu."
4. Similarly, in the
post-mortem report it has been stated as follows:
"2. Name of the
deceased, surname Deceased Amitabh Singh Father name, Age, Sex. Alias Munna
Singh S/o Late Shri Muzaffir Singh S/o Simar Kaul P.S. Rajauli, Distt. Nawada
at present Driver Commander jeep No.JH-02A-4827 Age 22 yrs. Male, Hindu."
5. Learned counsel
for the appellant highlighted these facts to submit that they were completely
ignored by the District Forum, State Commission and the National Commission.
6. Learned counsel
for the respondent on the other hand submitted that there are several documents
including the claim petition filed by the legal representatives of the deceased
Amitabh Singh and Munna Singh showing that the vehicle was being driven by
Sanjeev Kumar.
7. From a bare
perusal of the orders passed by the District Forum, State Commission and the
National Commission it is clear that the relevance of the entries in the case
diary and the post-mortem report have not been considered in the proper
perspective.
8. In the peculiar
facts of the case it would be appropriate for the District Forum to reconsider
the matter after taking into account the various documents and materials placed
by the parties. Accordingly we set aside the impugned order and remit the
matter to the District Forum to adjudicate the matter afresh. Since the matter
is pending for long, the District Forum is directed to dispose of the matter
within three months from the date of receipt of order after due notice to the
parties. We make it clear that we have remitted the matter because of
non-consideration of certain materials and documents. But we have not expressed
any opinion on the merits of the case.
9. Appeal is
accordingly disposed of. No costs.
........................................J.
(Dr. ARIJIT PASAYAT)
..........................................J.
Back
Pages: 1 2 3