Full Judgment Text
REPORTABLE
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
J U D G M E N T
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.
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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
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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.”
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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
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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.
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(ASOK KUMAR GANGULY)
New Delhi,
March 24, 2009
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