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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