The Jharkhand High Court granted compensation of Rs 2 lakh to the heirs of a deceased truck driver who lost control of the vehicle and dashed it into a tree. The High Court noted that as per the Insurance Policy, the PA cover under Section-III for owner-driver (CSI) was Rs 2 lakh.

The appeal before the High Court was preferred against the award of the Principal District Judge-cum-M.A.C. Tribunal whereby the Tribunal dismissed the compensation claim of the appellants.

The Single Bench of Justice Sanjay Kumar Dwivedi noted, “In the order of the learned Tribunal, it has not come how the vehicle was being driven rashly and negligently by the deceased.”

Advocate Sheo Kumar Singh appeared for the Appellants while Advocate Alok Lal appeared for the Insurance Company.

Factual Background

As per the case presented by the appellants, one late night on a pitch road, the driver lost his control over the alleged offending vehicle and dashed the vehicle into a Neem tree due to which, the driver of the vehicle got injured. On the way to the hospital, he died. The man was aged about 55 years and his monthly income was Rs. 15,000 per month by way of driving the vehicle of the owner, who is respondent No. 1. A case came to be registered under Sections 279, 304(A) and 427 of the Indian Penal Code. In such background, the compensation case was filed.

Reasoning

The Bench noted that the accident and the death were proved. It was noticed that the the legal heirs and successors of the deceased claimed the compensation under Section 163-A of the Motor Vehicle Act and they had only stated that the deceased lost control over the vehicle. “Loss may occur due to failure of break or any break down in the vehicle, thus it cannot be said that the deceased was driving the vehicle negligently and rashly”, it added.

Reference was also made to the insurance policy wherein PA cover under Section-III for owner-driver (CSI) is said to be Rs. 2 lakhs. “It is not clear from that if only the owner is driving the vehicle, then only that clause will apply. It is in the form of owner-driver, meaning thereby, whoever is driving the vehicle, is entitled for and PA cover is there of Rs. 2 lakhs and if such a situation is there, certainly the deceased entered into the shoes of the owner, as has been held by the Hon’ble Supreme court in the case of Ramkhiladi & Anr. Versus United India Insurance Company & Anr…”

Thus, the Bench held the appellants-claimants entitled to a sum of Rs 2 lakh with the statutory interest @ 7.5% per annum from the date of application.

Cause Title: Kuraisa Bibi & Ors. v. Pushpa Devi Gupta & Anr. (Case No.: M.A. No. 04 of 2024)

Appearance:

Appellants: Advocate Sheo Kumar Singh

Respondents: Advocates Alok Lal, P.C. Sinha

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Jharkhand High CourtJustice Sanjay Kumar DwivediMotor Vehicles ActIndian Penal Code

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.