Montford Borthers Of St.Gabriel & Anr vs United India Insurance & Ors

2. The facts relevant for deciding this appeal are not in dispute and hence noted only in brief.

3. The appellant No.1 is a charitable society registered under the Societies Registration Act, 1960. It runs various institutions as a constituent unit of Catholic Church. It is running various orphanages, industrial schools and other social service activities besides number of educational schools/institutions. Its members after joining the appellant society renounce the world and are known as “Brother”. Such a `Brother’ severs his all relations with the natural family and is bound by the constitution of the society which includes Article 60 quoted in paragraph 3 of the order dated 10.12.2003 passed in Review Petition No.4 of 2002 and in annexure P.5 as such:

5. One `Brother’ of the Society, namely, Alex Chandy Thomas was a Director-cum-Head master of St. Peter High School and he died in a motor accident on 22.06.1992. The accident was between a Jeep driven by the deceased and a Maruti Gypsy covered by insurance policy issued by the respondent Insurance Company. At the time of death the deceased was aged 34 years and was drawing monthly salary of Rs.4,190/-. The claim petition bearing No.55 of 1992 was filed before M.A.C.T., Aizawal by appellant no.2 on being duly authorized by the appellant no.1-the society. The owner of the Gypsy vehicle discussed in his written statement that vehicle was duly insured and hence liability, if any, was upon the Insurance Company. The respondent-Insurance Company also filed a written statement and thereby raised various objections to the claim. But as is clear from the written statement under Annexure P.2 it never raised the issue that since the deceased was a `Brother’ and therefore without any family or heir, the appellant could not file claim petition for want of locus standi. The issue no.1 regarding maintainability of claim petition was not pressed by the respondents. The Tribunal awarded a compensation of Rs.2,52,000/- in favour of the claimant and against the opposite parties with a direction to the insurer to deposit Rs.2,27,000/- with the Tribunal as Rs.25,000/- had already been deposited as interim compensation. The Tribunal also permitted interest at the rate of 12% per annum, but from the date of judgment dated 14.07.1994 passed in MACT case Nos. 55 and 82 of 1992.

6. Instead of preferring appeal against the order of the Tribunal, the respondent-Company preferred a writ petition under Article 226 of the Constitution of India before the Gauhati High Court and by the impugned order under appeal dated 20.08.2002, the High Court allowed the aforesaid writ petition (C) No.20 of 2002 ex-parte, and held the judgment and order of the learned Tribunal to be invalid and incompetent being in favour of person/persons who according to the High court were not competent to claim compensation under the Motor Vehicle Act. This was the only ground of challenge to the judgment and Award of the Tribunal. The High Court, however, did not disturb the Award of Rs.25,000/- already made as interim compensation. Review Petition preferred by the appellants was also rejected on 10.12.2003 but after noticing the relevant facts relating to locus of the appellants.

15. On coming to know about the High Court judgment the appellants filed a review petition in which they gave all the relevant facts including the constitution of the society appellant no.1 in support of their claim that a `Brother’ of the Society renounced his relations with the natural family and all his earnings and belongings including insurance claims belonged to the society. These facts could not have been ignored by the High Court but even after noticing such facts the review petition was rejected.

13. On behalf of the appellants it has been rightly contended that proceeding before the Motor Vehicle Claims Tribunal is a summary proceeding and unless there is evidence in support of such pleading that the claimant is not a legal representative and therefore the claim petition be dismissed as not maintainable, no such plea can be raised at a subsequent stage and that also through a writ petition. The objection filed on behalf of the Insurance Company, contained in annexure P.2, does not raise any such objection nor there is any evidence led on this issue. As noted earlier, the Tribunal did frame any issue regarding maintainability of the claim petition on law and fact as issue no.1 but the findings recorded by the Tribunal at page 41 of the paper book show that this issue together with issue nos. 2 and 3 were not pressed by the opposite parties during trial and were accordingly decided in favour of the claimants.

18. Accordingly, orders of the High Court dated August 20, 2002 and December 10, 2003 are set aside and the judgment and order of the Tribunal dated July 14, 1994, is restored. The dues of compensation including interest, as per judgment of the Tribunal, shall be deposited by the respondent-Insurance Company with the Tribunal within eight weeks from the date of this order. The Tribunal shall permit the claimants to withdraw the same in the light of its order.

19. The appeals are allowed to the extent indicated above. No costs.