HjGy COURT OF JUDJCATURE CHHATTISGARH : D3VISION CORAIVI : Hon'ble Shri S.R. Nayak, CJ; Mon'bje Shri D.R. Deshmukh, J. M.A.No,346_OF__2QQ6 APPELLANT' NON-APPUCANT N0.3 Vorsus 1. 2. 3. 4. 8. 9. The United India insurance Company Lirnited, Through Divislonal Manager, Dlvislona! office, Bilaspur, Tahsl! and District Bliaspur (Chhattlsgarh) (wrongiy written since it is in Korba, District Korba (Chhattisgarh) wife of Hulasram years, Oocupation Smt. Doikunwar, Patei, aged 40 House wife Hulasram Patel, son of Bhagatram Patel, aged 43 years, Ku. Janki Bai, daughter of Hulasram Patel, aged about 21 years, Ku. Nemkumari, daughter of Hulasram Pate!, aged 14 years (minor) Respondent no. 4 mjnor through natura! guardian Mother, Smt. DolkunwarBai, Respondent No. 1, Al! are resident of Shankarpara, viilage and post Kodiya, Poiice Station Seepat, Tahsli Seepat, (Masturi), District Bilspur (C-.G.) CLAIMANTS Satyanamyan Pandey, son of Vyasnaran Pandey, resldent of vlllage Bandhwapara, Post Kodiya, Police Station and Tahsel Seepat, Dlstrict Bi!aspur(C.G.) Smt. Binda Devi daughter of late Ramjeevan Pandey, resident of vlilag.e Khapri, Takhatpur, Tahsli Takhatpur, District Bii-aspur (C.G.) Smt. Rajeshwarj daughter of iate Ramjeevan Pandey, Resident of Kishore Nagar Biiaspur, Tahsii and District Bilaspur (C.G.) Smt. Rama Bai, daughter of late Ramjeevan Pandey, Resident of Shankargarh, Shahdol. Smt. Shyam Bai daughter of late ^^- ^ Ramjeevan Pandsy resident of Nayapara, Goi Bazar, Raipur (C.G.) NON-APPLtCANT N0.1 & 2 IVI.A. No. 347 OF APPELLANT NON-APPLICANT NQ.,3 ^ RESPONDENTS Versus 1. 2. 7. The United india insurance Company Limited, Through Divisional Manager, Divisionai office, Biiaspur, Tahsil and District Biiaspur (Chhattisgarh) (wrongly vmtten since it is jn Korba, District Korba (Chhattlsgarh) Smt. Phoolmati Bai, wife of Raghubir Prasad Patel, 35 years, Raghubir Prasad Patel, son of Kirtan Lal Pate!, aged 40 years, Both are resident of Hardadih, Kunwapara, P.0. Erumshahi, Police Station Seepat, Tahsii Soepat, (Masturi), District Bilaspur(C.G.) CLAJMANTS Satyanarayan Pandey, son of Vyasnaran Pandey, resident of viliage Bandhawapara, Post Kodiya, Poiice Station and Tahsei Seepat, District Biiaspur (C.G.) Smt. Binda Devi daughter of iate Ramjeevan Pandey, resident of viilage Khapri, Takhatpur, Tahsil Takhatpur, District Bilaspur (C.G.) Smt. Rajeshwari daughter of Ramjeevan Pandey, Resident Kishore Nagar Biiaspur, Tahsii District BJIaspur (C.G.) Srnt. Rama Bai, daughter of Ramjeevan Pandey, Resident Shankargarh, ShahdoS. Smt. Shyam Bai daughter of Ramjeevan Pandey resident Nayapara, Gol Bazar, Raipur (C.G.) NON-APPLICANT N0.1 & 2 tate of and iate of iate of M.A, No^48 0^2006 APPELLANT NON-APPL3CANT N0. 3 The United india Insurance Company Limlted, Through Divisionat Manager, Divisionai office, Bilaspur, Tahsi! and District Biiaspur (Chhattisgarh) (wrongly written since it is in Korba, -s- District Korba (Chhattisgarh) Versus RESPONDENTS 1. 2. 3. 4. 5. 6. 7. Smt. Goutam Bal, wife yadav, 38 years, Accheram yadav, son Yadav, aged 45 years, of Accheram of Santuram Both resident of Vi!!age Banduv^apara Post Kodiy'a, Police Station Seepat Tahsil Seepat, (Masturi), District Biiaspur (C.G.) CLAJMANTS Satyanarayan Pand©y, son of Vyasnaran Pandey, resjdent of viliage Bandhwapara, Post Kodiya, Police Station and Tahsel Seepat, District Bifaspur (C.G.) Smt Binda Devi a^ughter of !ate Ramjeevan Pandey, resident of viiiage Khapri, Takhatpur, Tahsi! Takhatpur, District Bjlaspur (C.G.) Smt. Rajeshwari daughter of Ramjeevan Pandey, Resident Kishore Nagar Bilaspur, Tahsi! District Bilaspur (C.G.) Smt. Rama Bai, daughter of Ramjeevan Pandey, Resident Shankargarh, Shahdoi. Smt. Shyam Bai daughter of Ramjeevan Pandey resident Nayapara, Goi Bazar, Raipur (C.G.) NON-APPLiCANT N0.1 & 2 late of and !ate of iate of M.A. No. 349 OF 2006 APPELLANT NON-APPLICANTNO. 3" RiSPONDENTS Versus 1. 2. 3. The Unitod india Insurance Company Limited, Through Divisjona! Manager, Divisional office, Bilaspur, Tahsii and District Biiaspur (Chhattisgarh) (wrongiy written since it is In Korba, District Korba (Chhatti^garh) Smt. Sita Bai widow of Purushottam Patel, aged 22 years, Ku. Pooja, daughter of Late Purushottam Patei, aged 3 years, minor Smt. Sukhmati Bai, wife of Bhojram -fi- 8. Patei, aged 42 years, Bhojram Patel, son of Tikaltram Patei, aged 48 years. For respondent no. 2 bejng mjnor through rospondent no. 1 Smt. Sita Bal, who is natural guardian mother of respondent no. 2, A!i resident of Bandhuwapara, Post Kodiya, Police Station Seepat, Tahsii Seepat, (Masturi), District Biispur (C.G.) CLAIMANTS Satyanarayan Pandey, son of Vyasnaran Pandey, resident of village Bandhawapara, Post Kodiya, Police Station and Tahse! Seepat, District BiIaspur(C.G.) Smt. Binda Devl daughter of late Ramj'eevan Pandey. resident of viiiage Khapri, Takhatpur, Tahsii Takhatpur, District Bilaspur (C.G.) Smt. Rajeshwari daughter of iate Ramjeevan Pandey, Resident of Kishore Nagar Biiaspur, Tahsil and DistrictBilaspur(C.G.) Smt. Rama Bai, daughter of !ate Ramjeevan Pandey, Resident of Shankargarh, Shahdol. Smt. Shyam Bai daughter of iate Ramjeevan Pandey resident of Nayapara, Gol Bazar, Raipur (C.G.) NON-APPL!CANT N0.1 & 2 M.A.N0.350QF 2006 APPELLANT NON-APPLICANT N0.3 Versus The United india In^umnce Company Limited, Through DivisionaJ Manager, Dsvisiona! office, Biiaspur, Tahsil and District Bilaspur (Chhattisgarh) (wrongly written since it is in Korba, District Korba (Chhattisgarh) RESPONDENTS 1. Smt. Mankunwar Bai, widow of Jeetram Patet, aged 40 years, 2. Ku. Sarojani, daughter of late Jeetram patel, aged 14 years, minor 3. Ku. Amarika, daughter of Late eetram Patel, aged 12 years, minor 4. Ashwani Kumar, son of Late jeetram Patel, aged 10 year, mlnor ^y- @ APPELLANT NON-APPL!CANT N0.3 5. Umashankar, son of Jeetram Patei, aged 8 years, minor, For minor respondent no. 2,3,4 and 5 their Naturai guardian mother Smt. Mankunwar Bai i.e. responaent no. 1, residont of Bandhuwapara, Post Kodiya, Pollce Statlon Seepat, Tahsit Seepat (Masturi), Distrsct Bilaspur (C.G.) CLAIMANTS 6. Satyanarayan Pandey, son of Vyasnaran Pandey, resident of yiliage Bandhawapara, Post Kodiya, Poiice Station and Tahse! Seepat, District Bilaspur (C.G.) 7. Smt. Binda Devi daughter of iate Ramjeevan Pandey, resident of vliiage Khapri, Takhatpur, Tahsil Takhatpur, District Bs'iaspur (C.G.) 8. Smt. RQJeshwari daughter of iate Ramjeevan Pandey, Resident of Kishore Nagar Bilaspur, Tahsil and District Bilaspur (C.G.) 9. Smt. Rama Bai, daughter of iate Ramjeevan Pandey, Resident of Shankargarh, Shahdof. 10. . Smt. Shyam Bai daughter of late Ramjeevan Pandey resident of Nayapara, Gol Bazar, Raipur (C.G.) NON-APPLICANT N0.1 & 2 The United India Insurance Company Limited, Through Divisional Manager, DivisionQi offioe, Bii^^pur, Tahsi! and District Biiaspur (ChhattJsgarh) (wrongly written since it is in Korba, District Korba (Chhattisgarh) RESPONDENTS Versus 1. 2. Smt. Maheshnati Bai, wife of Dilchand Patel, aged 42 years, Dilchand Pafel, son of Prahlad Patel, aged 46 years, Both resident of Village Kodiya, Shanker Para, Post Kodiya, Police Statlon Seepat, Tahsil Seepat (Masturi), Distnct Bilaspur (C.G.) CLAIIVIANTS Satyanarayan Pandey, son of -6- <M) APPELLANT NON-APPLSCANT N0. 3 Vyasnaran Pandey, resident of village Bandhawapara, Post Kodiya, Poljce Station and Tahsel Seepat, District Bilaspur (C.G.) 4. Smt. Binda Devi daughter of iate Ramjeevan Pandoy, resident of viilage Khapri, Takhatpur, Tahsil Takhatpur, DistrictBi!aspur(C.G.) 5» Smt. Rajeshwari daughter of iate Ramj'eevan Pandey, Resident of Kishore Nagar Bilaspur, Tahsii and District Biiaspur (C.G.) 6. Smt. Rama Bai, daughter of late Ramjeevan Pandey, Resident; of Shankargarh, Shahdol. 7. Smt. Shyam Bai daughter of late Ramjeevan Pandey resident of Nayapara, Gol Bazar, Raipur (C.G.) NON-APPLiCANT N0.1 & 2 IVi.A. No. 352 OF 2006 The United india Insurance Company Limited, Through Divisional Manager, Divisional office, Bitaspur, Tahsil and District Biiaspur (Chhattisgarh) (wrongiy wriiEen since it is in Korba, District Korba (Chhattisgarh) RESPQNDENTS Versus 1. 2. Smt. Amarika Bai, wife of Shyamu Patel, aged 35 years, Shyamu Patel, son of Chakradhar Patel, aged 40 years, Both resident of Viilage <?iodjya, Shanker Para, P. O. Kodiya, Police Station Seopat, Tahsii Seepat (Masturi), District Bilaspur (C.G.) CLAiMANTS Satyanarayan Pandey, son of Vyasnaran Pandey, resident of village Bandhawapam, Post Kodiya, Poiice Station and Tahsel Seepat, District Bilaspur (C.G.) Smt. Binda Devi daughter of late Ramjeevan Pandey, resident of viiiage Khapri, Takhatpur, Tahsil Takhatpur, DistrictBiiaspur(C.G.) Smt. Rajeshwari daughter of iate Ramjeevan Pandey, Resident of Kishore Nagar Bilaspur, Tahsil and -^- ^ APPELLANT NON-APPUCAMT N0.3 DistrictBilaspur(C.G.) 6. Smt. Rama Bai, daughter of iate Ramjeevan Pandey, Resident of Shankargarh, Shahdol. 7. Smt. Shyam Bai daughter of iate Ramjeevan Pandoy resident of Nayapara, Gol Bazar, Raipur (C.G.) NON-APPLICANT N0.1 & 2 M.A. No. 353 OF 2006 The United India Insurance Company Limited, Through Dlvisionai Manager, Divisional office, Bilaspur, Tahsil and District Biiaspur (Chhattisgarh) (wrongly written since it is In Korba, District Korba (Chhattisgarh) Versus RESPONDENTS 1. 2. 3. 4. 5. 6. 7. Smt. Bundkunwar Bai, wife of Chetram Patel, 40 years, Chetram Patel, son of Shri Chand Patel, aged 45 years, Both resident of Viilage Kodiya, Bandhuwa Para, Post Kodiya, Poiice Station Seepat, Tahsil Seepat (Masturi), District Bitaspur (C.G.) CLA15V3ANTS Satyanarayan Pandey, son of Vyasnaran Pandey, resident of viliage Bandhawapara, Post Kodiya, Poljce Station and Tahsel Seepat, District Biiaspur (C.G.) Smt. Binda Devi daughter of iate Ramjeevan Pandey, resident of viiiage Khapri, Takhatpur, Tahsii Takhatpur, District Bilaspur (C.G.) Smt. Rajeshwari daughter of !ate Ramjeavan Pandey, Resident of Kishore Nagar Bilaspur, Tahsii and District Bilaspur (C.G.) Smt. Rama Bai, daughter of tate Ramjeevan Pandey, Resident of Shankargarh, Shahdoi. Smt. Shyam Bai daughter of late Ramjeevan Pandey resident of Nayapara, Gol Bazar, Raipur (C.G.) NON-APPLSCANT N0.1 & 2 ^7oJ -8- M.A. No. 354 OF 2006 APPELLANT NON-APPLICANT N0. 3 RESPONDENTS Versys 1. 2. 4. 6. 7. The United india Insurance Company Limited, Through Divisionai Manager, Divisional office, Biiaspur, Tahsil and District Biiaspur (Chhatlisgarh) (wrongly written since it is in Korba, District Korba (Chhattisgarh) Smt. Bundkunwar Bai, wife of Chetram Patel, aged 40 years, Chetram Patel, son of Shri Charan Patel, aged 45 years, Both resident of Viitage Kodiya, Bandhuwapara, Post Kodiya, Police Station Seepat, Tahsil Seepat (Masturi), District Bilaspur (C.G.) CLASMANTS Satyanarayan Pandey, son of Vyasnaran Pandey, resident of viiiage Bandhawapara, Post Kodiya, Poiice Station and Tahse! Seepat, District Bilaspur (C.G.) Smt. Binda Devi daughter of late Ramjeevan Pandey, resident of viliage Khapri, Takhatpur, Tahsi! Takhatpur, District Bilaspur (C.G.) Smt. Rajeshwari daughter of late Ramjeevan Pandey, Resldent of Kishore Nagar Bilaspur, Tahsit and District Biiaspur (C.G.) Smt. Rama Bai, daughter of late Ramjeevan Pandey, Resident of Shankargarh, Shahdol. Smt. Shyam Bai daughter of late Ramjeevan Pandey resident of Nayapara, Got Bazar, Raipur (C.G.) NON-APPLICANT N0.1 & 2 Present: Shri H.B. Agrawal, learned Sr. Advocate with Shri J.K. Gupta, learned counsei for the appellants/lnsurance Company. ORAL ORDER (Passedon21SI IVSarch, 2008) The following orai ordor ofthe Courtv^as passed by S.R. NAYAK, CJ. ^^^^». ^^<^^».a*^^^s^as»^^^..^^ Aii these appeat fiied by the Insurance Company arise out of tho common Judgment. Hence. alt these appeals were heard together for admission. (2) The only contention of leamed counsel for the appellants/insurance Company is fhat the MACT having held that the injured and the deceased were tmveling in the vehicle insured by the appellant/insurance Company as gratuitous paasengers, ought not to have fastened tho Jiabiiity to pay componsation on th© Insui'ance Company reserving ilberty to it to recover tho same from the owner of the motor vehicle involved in the accident. In support of the above submissjon, retiance is placed on para 21 of the Judgment of Supreme Court in the case of Nationa! Insurance Company Ltd. Vs. Baljlt Kaur and others1. (3) We have perused para 21 of the said Judgment. in para 21, the Supreme Court ha©not iaid down that in case the IV1ACT finds that the injured or th@ deceased persons were traveiing in the motor vehicle as gratuitous passenger, tho Insurance Company should not be directed to pay compensation in the first instance reserving tiberty to it to recover the same from the owner of the motor vehicle invoived in the accldent. In para 21 of the above Judgment, the Supreme Court has observed that In such a situation, the Insurance Company without resorting to institution of a separate ^uit, c^n recover the amount paid by it from the owner of the motor vehicle invoived in the accident by filing an appiication for execution in tho samo proooedings. In that view of tho mater, it is permissiblo for tho (2004) 2 SCC-1 @ ! -10- insurance Company to resort to such a procedure in the same proceedings and recover the sums of money paid by it to the victims of the accident from the owner of motor vehicle invoived in the accicient. There is no failure ofjusttoe. Hence, these appeais are dlsmissed. Sd/- ChiefJustice Sd/- Dilip Raosaheb Deshmukh Judge ^^'^