{"id":304972,"date":"2023-10-17T09:00:49","date_gmt":"2023-10-17T03:30:49","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=304972"},"modified":"2023-10-19T11:34:14","modified_gmt":"2023-10-19T06:04:14","slug":"non-possession-of-valid-permit-entitles-insurance-company-to-recover-compensation-paid-from-the-owner-of-vehicle-delhi-high-court","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/10\/17\/non-possession-of-valid-permit-entitles-insurance-company-to-recover-compensation-paid-from-the-owner-of-vehicle-delhi-high-court\/","title":{"rendered":"Non-possession of valid Permit entitles Insurance Company to recover compensation paid, from the owner of vehicle: Delhi High Court"},"content":{"rendered":"
\n

Delhi High Court:<\/span> In a case wherein an appeal had been filed challenging the Award passed by the Motor Accident Claims Tribunal, Rohini, Delhi (‘Tribunal’), wherein the liberty was granted by the Tribunal to Respondent 1, to recover compensation paid by Respondents 2 to 5, from the appellant, Navin Chawla, J.*<\/span>, held that non-possession of a valid and effective Permit shall entitle the Insurance Company to seek a right to recover the compensation paid to the claimants from the owner of the offending vehicle and such a right would also be available to the Insurance Company where the offending vehicle was being operated at the time of the accident at a place for which it did not have a valid Permit.<\/p>\n

Background<\/p>\n

The Tribunal passed an award which granted the right to recovery to Respondent 1, New India Assurance Co. Ltd. on the grounds that the appellant, as on the date of the accident, did not have a Permit for plying the truck, i.e., offending vehicle, within Delhi. It was submitted by the appellant that under the Motor Vehicles Act, 1988<\/a> (‘Act’), mere plying of the Offending Vehicle at a place beyond the route for which the Permit had been granted was not a fundamental breach of the conditions of policy for which the insured could claim a right to recover the compensation paid to the claimants from the owner\/insured.<\/p>\n

Analysis, Law, and Decision<\/p>\n

The primary issue that the Court took under consideration was, “whether the Insurance Company was entitled to a right to recover the compensation paid to the claimants arising out of a motor vehicular accident from the owner of the motor vehicle involved in such accident, where the accident occurs at a place which is beyond the route for which the vehicle has been granted a Permit under Section 66 of the the Motor Vehicles Act, 1988<\/a>?”<\/span><\/p>\n

The Court noted that it was a condition under the Policy, which was issued by Respondent 1 to the appellant, that the vehicle must be used only under a Permit. The Court observed that under Section 149<\/a> of the Act<\/a>, duty was cast on the Insurance Company to satisfy a judgment and Award against the persons insured in respect to the third-party risks, and the Insurance Company was entitled to defend the claim inter-alia on the ground that there had been a breach of a condition of the policy, as the transport vehicle was being used for a purpose that was not allowed by the Permit under which the vehicle was used.<\/p>\n

The Court considered Sections 2(31)<\/a>, 66<\/a>, 69<\/a>, 77<\/a>, 79<\/a>, 80(3)<\/a>, 86<\/a>, and 88<\/a> of the Act<\/a> and observed that a Permit was granted in relation to a particular route\/area\/region, therefore, the said route\/area\/region was a prime consideration and an essential condition of a permit. The Court opined that the same was sacrosanct, functional, and fundamental, with various provisions of the Act emphasising on the same. The Court further opined that driving of the offending vehicle in an area or on a route which was not permitted by a Permit would, therefore, amount to driving the motor vehicle without a valid Permit and shall be a fundamental breach of the conditions of an insurance policy.<\/p>\n

Reliance was placed on National Insurance Co. Ltd.<\/span> v. Challa Upendra Rao<\/span>, (2004) 8 SCC 517<\/a>, wherein the mandate of Section 66 of the Act was considered by the Supreme Court and it was held that where a person was found to be driving a transport vehicle without a Permit, the defence under Section 149(2) of the Act shall be available to the insurer, however, the insurer would have to satisfy the Award and then seek recovery of the compensation amount from the insured\/owner of the offending vehicle. Additionally, it was reiterated in Amrit Paul Singh<\/span> v. Tata AIG General Insurance Co. Ltd.<\/span>, (2018) 7 SCC 558<\/a>, that where the vehicle was being used in a public space without a Permit, it was a fundamental statutory infraction, and the insured would be liable to reimburse the compensation amount paid to the claimants by the Insurance Company. The Court also relied on Gohar Mohammed.<\/span> v. Uttar Pradesh State Road Transport Corporation<\/span>, (2023) 4 SCC 381<\/a>, wherein the Supreme Court held that even assuming that there was a valid and effective Permit to ply the offending vehicle, the same was not valid for the place where the accident took place, therefore, the liability to pay the compensation was to be of the owner of the offending vehicle.<\/p>\n

The Court concluded that where a person was found driving a vehicle beyond the route or area or region for which the Permit had been granted, it would be a case of driving the offending vehicle without a valid permit. The Court held that non-possession of a valid and effective Permit shall entitle the Insurance Company to seek a right to recover the compensation paid to the claimants from the owner of the offending vehicle and such a right would also be available to the Insurance Company where the offending vehicle was being operated at the time of the accident at a place for which it did not have a valid Permit.<\/p>\n

The Court found no infirmity in the impugned Award by the Tribunal, and accordingly held that the offending vehicle had a valid Permit for plying only in Uttar Pradesh and, there was no Permit for the offending vehicle to be driven in Delhi, where the accident took place and this would, therefore, be a case of the offending vehicle being driven without a valid Permit at the time of the accident.<\/p>\n

[Gurmeet Singh v. New India Assurance Co. Ltd., 2023 SCC OnLine Del 6269<\/a>, Judgement dated 06-10-2023<\/span>]<\/p>\n

*Judgement authored by — Justice Navin Chawla<\/span><\/strong><\/p>\n\n

Advocates who appeared in this case :<\/p>\n

For the Appellant: Mr. Rachit Mittal, Ms. Megha Tyagi, Mr. Parish Mishra, Mr. Adarsh Srivastava, Advocates<\/p>\n

For the Respondents: Mr. Sahil Paul, Mr. Mayank Jain, Advocates<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

“Right to recover the compensation will also be available to the Insurance Company where the offending vehicle is being operated at the time of the accident at a place for which it does not have a valid Permit.”<\/p>\n","protected":false},"author":1,"featured_media":303940,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[2735,61969,2543,25753,33155,61971,61972,61970],"class_list":["post-304972","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-Accident","tag-claimants","tag-Delhi_High_Court","tag-insurance-company","tag-motor-vehicle-act","tag-offending-vehicle","tag-right-to-recover-compensation","tag-valid-permit"],"yoast_head":"\nNon-possession of valid Permit entitles Insurance Company to recover compensation paid, from the owner of vehicle: Delhi HC | 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Narendra Prasad, J. while allowing the appeal in part and condoning the delay ordered that the claimant was not entitled to the interest for the delayed period of 358 days. This Miscellaneous First Appeal was filed under Section 173(1) of Motor Vehicles Act, 1988 seeking enhancement\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":240028,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/12\/02\/mv-act-kar-hc-will-absence-of-valid-and-effective-dl-by-the-offending-driver-absolve-insurance-company-to-pay-compensation-pay-and-recover-principle-applied\/","url_meta":{"origin":304972,"position":1},"title":"[MV Act] Kar HC | Will absence of valid and effective DL by the offending driver absolve insurance company to pay compensation? \u201cPay and Recover\u201d principle applied","author":"Editor","date":"December 2, 2020","format":false,"excerpt":"Karnataka High Court: Ashok G. Nijagannavar, J., allowed the appeal and enhanced the compensation in light of the \u201cpay and recover\u201d principle. The facts of the case are such that the deceased was travelling as a Cleaner in the lorry when the driver of the said lorry drove in a\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":220606,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/10\/09\/pat-hc-insurance-company-granted-the-right-to-recover-half-of-compensation-amount-from-the-owner-insurer-of-the-other-vehicle-involved-in-an-accident-caused-due-to-composite-negligence\/","url_meta":{"origin":304972,"position":2},"title":"Pat HC | Insurance Company granted right to recover half of compensation amount from owner\/ insurer of other vehicle involved in an accident caused due to composite negligence","author":"Bhumika Indulia","date":"October 9, 2019","format":false,"excerpt":"Patna High Court: S. Kumar, J. dismissed the appeal filed by the insurance company on the grounds that the parties were liable severally as well as jointly. Although the company had the right to recover such compensation paid from the other party involved in the accident for which insurance was\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":219628,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/09\/17\/del-hc-non-possession-of-valid-driving-license-by-itself-is-no-reason-for-not-granting-compensation-if-accident-proved-to-be-caused-by-rash-and-negligent-driving-of-offender\/","url_meta":{"origin":304972,"position":3},"title":"Del HC | Non-possession of valid driving license by itself is no reason for not granting compensation if accident proved to be caused by rash and negligent driving of offender","author":"Bhumika Indulia","date":"September 17, 2019","format":false,"excerpt":"Delhi High Court:\u00a0Najmi Waziri, J. dismissed an appeal filed by the insurer against the award of compensation made by the Motor Accident Claims Tribunal, and also rejected insurer's claim to recover the amount so awarded from the owner of the offending vehicle. The insurer, represented by Hetu Arora Sethi, Advocate\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":240627,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/12\/14\/mv-act-chh-hc-whether-gratuitous-passenger-is-covered-for-compensation-under-liability-only-policy-by-insurance-company-ambit-of-legal-representatives\/","url_meta":{"origin":304972,"position":4},"title":"[MV Act] Chh HC | Whether \u2018gratuitous passenger\u2019 is covered for compensation under \u2018Liability Only Policy\u2019 by insurance company? Ambit of \u201cLegal representatives\u2019 discussed","author":"Editor","date":"December 14, 2020","format":false,"excerpt":"Chhattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal and modified the impugned award. The facts of the case are such that on 18-05-2011, Karan along with other labourers was travelling on a Dumper i.e. 'offending vehicle' to village Badeli\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":309686,"url":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/19\/insurance-company-acts-as-indemnifier-has-no-contractual-relationship-with-transferee-of-offending-vehicle-dhc-legal-news\/","url_meta":{"origin":304972,"position":5},"title":"Insurance Company acts as indemnifier and has no contractual\/other relationship with transferee of offending vehicle: Delhi High Court","author":"Simranjeet","date":"December 19, 2023","format":false,"excerpt":"\u201cThe registered owner cannot absolve himself of the liability by contending that he has transferred the offending vehicle to a third person prior to the date of the accident.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"delhi high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/304972","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=304972"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/304972\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/303940"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=304972"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=304972"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=304972"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}