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Patna High Court

The National Insurance Company Limited, Through Its Divisional ManagerversusSumitra Devi and Ors

Decided
Disposal
DISPOSED

Holding

The High Court upheld the compensation award, reduced the interest to 6% per annum, and affirmed the insurer’s right to recover from the truck owner.

Summary

The widow and children of Suresh Pandit, a government employee who died in a road accident caused by a truck, filed a claim before the Motor Accident Claim Tribunal against National Insurance Company Ltd, the insurer of the truck. The Tribunal awarded Rs 33,76,520 with 8% interest, also allowing the insurer to recover from the truck owner. The insurer appealed, contending that the truck‑owner’s documents were unverified and that interest should be 6% per annum. The High Court examined the factual findings, accepted the compensation amount, reduced the interest rate to 6% on the parties’ consent, and upheld the insurer’s right to pursue recovery against the truck owner. The Court directed the insurer to pay the award with 6% interest by 23‑02‑2026, failing which the original 8% interest and costs would apply.

Issues considered

  • Whether the claim case as preferred is maintainable
  • Whether the appellants have a valid cause of action to file the claim case
  • Whether the deceased died in a motor vehicle accident due to rash and negligent driving of the truck
  • Whether the driver of the truck had a valid driving licence and whether the owner violated any terms of the insurance policy
  • Whether the deceased was a government employee with a monthly income of Rs 19,040
  • Whether the applicants are entitled to compensation and, if so, the amount and to whom
  • Whether the documents of the truck owner are verifiable
  • Whether the interest rate on the award should be 6% instead of 8%
  • Whether the insurer may pursue recovery against the truck owner

Subjects

  • Motor accident
  • Compensation
  • Insurance liability
  • Interest rate
  • Claim Tribunal
  • Government employee
  • Appeal
  • Set aside

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Miscellaneous Appeal No.623 of 2017
     ======================================================
     The National Insurance Company Limited, Through Its Divisional Manager

                                                              ... ... Appellant/s
                                     Versus
1.   Sumitra Devi W/o Late Suresh Pandit
2.   Pawan Kumar S/o Late Suresh Pandit
3.   Jitendra Kumar S/o Late Suresh Pandit
4.   Aditya Kumar S/o Late Suresh Pandit (Res. 4 is minor and is under the
     guardianship of natural guardian mother, Re All the above are resident of
     Mohalla- Manpur, Kumahartoli, P.O.- Buniyadganj, P.S.- Muffasil, District
     Gaya.
5.   Mr. Sanjay Kumar Suman S/o Sri R.P. Yadav Resident of Village- Pratapi,
     P.O./P.S.- Barachatti, District Gaya, Owner.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :    Mr.Durgesh Kumar Singh, Advocate
                                 Mr. Abhijeet Kumar Singh, Advocate
     For the Respondent/s   :    Mr.Laliteshwar Prasad Sharma, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
     ORAL JUDGMENT
     Date : 29-01-2026

                       Heard Mr. Durgesh Kumar Singh, learned counsel

      for the appellant and Mr. Laliteshwar Prasad Sharma, learned

      counsel for the respondents.



                     2.The present petition has been preferred for the

      following relief/s:

                                 “setting aside the judgment dated

                                 22.12.16 and Award dated 21.02.17

                                 passed by Sri. Hasmuddin Ansari, 7th

                                 Addl. Dist. Judge cum Motor Accident
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                                        Claim Tribunal, Gaya (here in after

                                        referred to as the Tribunal), in MAC

                                        Case no. 01 of 16/77 of 14 'Sumitra

                                        Devi & others v/s The National

                                        Insurance Co. Ltd & another' by which

                                        compensation      has     been   allowed

                                        against the appellant”.

                       3. The facts leading to the present appeal is/are as

         under:

                       4. One Suresh Pandit who was a government

         employee with the Sub-Divisional Office, Gaya was moving on

         his vehicle bearing registration           no. BR-02T-3321. As he

         approached the G.T. road, a truck bearing registration no. UP-

         65AT-6024 driving in a rash and negligent manner dashed the

         vehicle from the opposite side. Suresh Pandit sustained grievous

         injury and died on the spot. Subsequently, the lady/children

         moved before the 7th Additional District Judge-Cum-Motor

         Accident Claim Tribunal, Gaya in MAC Case No. 01 of

         2016/77 of 2014.

                       5. The Court framed the following issues:

                                          (i) is the claim case as preferred

                                          maintainable?
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                                          (ii) have the appellants got valid

                                          cause of action to file the claim case?

                                          (iii) whether the deceased Suresh

                                          Pandit died in a motor vehicle

                                          accident on 09.12.13 at village

                                          Pandey Bara on G.T. Road under P.S.

                                          Chouparan, District-Hazaribagh, due

                                          to rash and negligent driving by the

                                          driver of truck bearing registration

                                          No. UP-65 AT 6024?

                                          (iv) whether the driver of the said

                                          truck has valid and effective driving

                                          license at the time of accident and

                                          owner of the said truck violated any

                                          terms and conditions of insurance

                                          policy?

                                          (v) whether the deceased was a Govt.

                                          Employee and his monthly income

                                          was Rs 19040/- per month at the time

                                          of alleged accident?

                                          (vi) whether     the applicants are

                                          untitled to get compensation of so to
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                                          what amount and to whom?

                        6. Sumitri Devi (A.W.-01), wife of the deceased and

         Mithilesh Pandit (A.W.-02) were examined. While Sumitri

         Devi informed that upon knowledge, she rushed to the place

         within an hour and found the dead body of her husband, A.W.-

         02, Mithilesh Pandit an eye-witness and was present at the spot

         and he narrated the story of the truck dashing the car in a rash

         and negligent manner causing death of Suresh Pandit.

                        7. The truck was insured with the appellants’

         company. The Insurance Company appeared and opposed the

         case of the claimants stating that the truck was plying without

         permit and the truck driver was not having valid driving license.

         The truck owner, however, provided the driving license of the

         driver (DL No.WB 1119790109754) valid till 07.04.2016 as

         also the permit which was valid between 09.04.2013 to

         08.04.2014.

                        8. The Court after hearing the parties, came to the

         conclusion that:

                                             (i) the deceased, Suresh Pandit, a

                                             government employee was driving

                                             the vehicle bearing registration no.

                                             BR-02T-3321;
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                                             (ii) the truck bearing registration

                                             no. UP-65AT-6024 hit the car;

                                             (iii) Suresh Pandit died on the spot;

                                             (iv) the truck was insured with the

                                             National Insurance Company Ltd.

                                             having     validity     period    from

                                             24.02.2013 to 23.02.2014;

                                             (v) the truck owner provided the

                                             valid    driving      license/insurance

                                             certificate as also the permit.

                        9. Taking into account the salary of the claimant’s

         husband as Rs. 19040/- with 30% future prospect and after the

         necessary deduction in the light of the decision of the Hon’ble

         Apex Court in the case of Sarla Verma (Smt) & Ors. vs. Delhi

         Transport Corporation & Anr reported in (2009) SCC 211

         came to the conclusion that she is entitled to Rs.34,26,520/-.

         After the deduction of Rs.50,000/- which was paid as interim

         compensation, the lady is entitled to Rs.33,76,520/- which is to

         be paid with 8% interest.

                        10. Aggrieved, the present appeal.

                        11. Learned counsel for the appellants, Mr. Durgesh

         Kumar Singh submit that the documents placed by the truck
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         owner could not be verified and as such ‘the Tribunal’ should

         have given the right to recovery, if the documents are found

         otherwise/invalid. Further submission is that while allowing the

         claim of the claimants, instead of giving the simple interest of

         6% per annum, ‘the Tribunal’ actually ordered 8% interest per

         annum.

                        12. Upon notice, the claimant has appeared and

         learned counsel, Mr. Laliteshwar Prasad Sharma on instruction

         submits that the death took place in the year 2013, the widow is

         still waiting for the Award amount. The family is in financial

         crisis. Further submission is that two points have been raised by

         the appellants’ company:

                                           (i) to allow them to pursue the case

                                           against   the    truck   owner    in

                                           accordance with law;

                                           (ii) to reduce the interest amount

                                           from 8% to 6%.

                       13. The submission on           instruction is that the

         claimants do not have any objection to the two prayers put

         forward by the appellants’ company.

                       14. The Court has gone through the facts of the case

         and the materials on record. The admitted position has already
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         been recorded. The claim of the appellants’ company is that the

         documents which were put on record remained unverified. In

         that background, the appellants’ company prayer that they be

         given the right to pursue the remedy in accordance with law, if

         they so want against the truck owner has to be accommodated.

                       15. So far as the interest part is concerned, as on

         instruction, the learned counsel representing the claimants-

         respondents have submitted that the claimants have no objection

         if the same is reduced to 6%, the order dated 22.12.2016 and

         21.02.2019 is modified only to the extent that they can pursue

         the case further in accordance with law if they are able to make

         out any case against the Truck owner. Further, the interest

         amount with the consent of the parties is reduced to 6% per

         annum.

                       16. In that background, this Court disposes of M.A.

         No. 623 of 2017 with a direction to the appellants’ company to

         pay the original amount of Rs.33,76,520/- with 6% interest by

         23.02.2026. Failure to do so, not only the appellants shall be

         entitled to the original 8% interest on the amount of

         Rs.33,76,520/- as originally ordered by the Tribunal, she shall

         also be entitled to Rs.10,000/- as cost which shall be realized

         from the Officer who delays payment of the Award amount.
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                                     17. Learned counsel for the claimants undertakes to

                      provide the bank account details of the lady/children within a

                      week to Mr. Durgesh Kumar Singh for forwarding it to the

                      Insurance Company.

                                     18. The statutory amount, if any, has to be returned.




                                                     (Rajiv Roy, J)
Ravi/-
AFR/NAFR
CAV DATE
Uploading Date          30.01.2026
Transmission Date


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