District: South 24
parganas
IN THE COURT OF THE LEARNED 4th ADDL. DISTRICT JUDGE AT ALIPORE
MACC
Case No. 297 of 2003
Altaf Hossain
………..
Claimant
-Versus-
1. a)
Vidya Sagar Singh
b) Harbajhan Singh
c) Prabhunath Upadhyay
d) G. Upadhyay
……… Opposite party no.1
2. National Insurance Co. Ltd.
…………Opposite party no.2
An Application under Section 174 of Motor
Vehicles Act, 1988 and for Recovery of a sum of Rs. 3, 31,675/-including
interest.
The Humble petition on behalf of the above
named Opposite Party No.2,
i.e. National
Insurance Co. Ltd.
Most Respectfully
Sheweth:-
1. That the Claimant filed an
application on 05.09.2003 for compensation on account of his injury in a road
traffic accident on 27.11.2002 at about 20.30 hrs. caused by the Vehicle
bearing No. WB S-289(Route 18 Public Bus) U/s. 163 A of Motor Vehicle Act,
1988.
2. That the opposite party no.2 respectfully states
that owners of the vehicle namely a)Vidya Sagar Singh, b) Harbajhan Singh, c)
Prabhunath Upadhyay, d) G. Upadhyay og G367/B, Ram Nagar, Garden reach,
Calcutta-700024 whose vehicle no. WB S-289(Route 18 Public Bus) was
comprehensively insured with the National Insurance Co. Ltd. under policy no.
10190031016700002326 valid from 23.12.2001 to 22.12.2002 subject to terms and
condition as specified therein.
3. That your petitioner respectfully
states that the accident occurred on 27.11.2002 and the Driving License of the
driver who was drove the offending vehicle was not valid at the material time
of alleged accident.
4. That your petitioner respectfully
submit before your Honour’s Court that there was a statutory violence of
condition of insurance policy according to U/s. 149(2) to (7) of M.V.Act, 1988
due to driving license was not valid at the material time of alleged accident
because the claimant has not filed the driving license before your Honour’s
Court at the time of hearing.
5. That your petitioner respectfully
states that the Ld. Court passed the Judgement on 06.06.2015 and has given a
direction to the opposite party no.2, i.e. The National Insurance Co. Ltd. to
pay Rs. 1, 77,800/- to the claimant including @9% P.A. interest from the date
of filling of claim petition and also given a liberty to recover the aforesaid
amount from the owners of the vehicle due to the ground of driving license
which was not filed by the claimant at the time of hearing and which has been
proved that the driver of the offending vehicle has not posses any valid
driving license at the material time of alleged accident.
6. That your petitioner already filed
one A/C payee Cheque for Rs.3, 31,675/-(compensation award of Rs.1,77,800/-
plus interest) in the name of Altaf Hossain vide cheque no. 321063 dtd.
22.09.2015 drawn on Axis Bank, Dalhowsie branch, Kolkata- 700001 as per
Judgement of the Ld. Court before the schedule period.
7.
That
your petitioner respectfully submit before your Honour’s Court kindly direction
to be given and also issue a summon upon the owners of the vehicle being no. WB
S-289(Route 18 Public Bus) namely a)Vidya Sagar Singh, b) Harbajhan Singh, c)
Prabhunath Upadhyay, d) G. Upadhyay og G367/B, Ram Nagar, Garden reach,
Calcutta-700024 for depositing the aforesaid amount before this Ld. Court and
comply the Honorable Court order as per decision of the Hon’ble Supreme Court
of India, in the case of “ Oriental Insurance Co. Ltd. Vs. Nanjappan & Ors.
reported in 2004 ACJ page 721 (SC).
8. That your petitioner respectfully
submit before your Honour’s Court that if the payment is not recovered from the
aforesaid owners, your Honour kindly pass an order of attachment of the vehicle
being no. WB S-289(Route 18 Public Bus)
as a part of the security in terms of the decision of the Hon’ble Supreme Court of India, in the
case of “ National Insurance Co. Ltd.
Vs. Challa Bharathama& Ors. reported in 2005(1) TAC 4 (SC).
9. Unless order as prayed for herein are
passed your petitioner will suffer irreparable loss and injury.
10.
This application is made bonafide and for the
ends of justice.
Your petitioner therefore humbly prays that your Honour may graciously be
pleased to:-
a) Pass an order against the owners
namely a)Vidya Sagar Singh, b) Harbajhan
Singh, c) Prabhunath Upadhyay, d) G. Upadhyay for depositing the entire awarded
amount i.e. Rs. 3, 31,675/- being the amount award + interest @ 9% P.A. from
the date of filling of claim petition i.e. 05.09.2003 as per the decision of
the Hon’ble Supreme Court of India, in the case of “ Oriental Insurance Co.
Ltd. Vs. Nanjappan & Ors. reported in 2004 ACJ page 721 (SC);
b) Pass an order for issue a summon
against the owners namely a)Vidya Sagar
Singh, b) Harbajhan Singh, c) Prabhunath Upadhyay, d) G. Upadhyay for appearing
before this Ld. Court and/or to file a Bond;
c) Keep the abovenoted cheque in Ld.
Court as security till the date of realization of the awarded amount from the
owner of the vehicle in view of the decision of the Hon’ble Supreme Court of
India, in the case of “ National Insurance
Co. Ltd. Vs. Challa Bharathama& Ors. reported in 2005(1) TAC 4 (SC);
d) Pass an order if the owner of the
vehicle fails to pay the aforesaid amount then to recover it by attachment of
property/ Bus;
e) Such other order or orders as the Ld.
Court may deem fit and proper;
And for the act of kindness, your
petitioner as in duty bound, shall ever pray.
VERIFICATION
I,
, the constituted Attorney of
the National Insurance Co. Ltd. , do hereby declare that the statements made in
the forgoing paragraphs of the petition are true to my knowledge and the rest
are mu humble submission before this Ld. Court and I sign this verification on
the day of 2016 at my office premises.
AFFIDAVIT
I,
authorized
signatory of National Insurance Co. Ltd.of aged
about years by faith Hindu, by occupation- Admn.officer, office address is National Insurance Co.
Ltd.,Legal Hub,8,India Exchange Place, 7th Floor, Kolkata- 700001,
do hereby solemnly
affirm and declare
as follows :-
1.
That
I am the
opposite party no.2 of this
case and am
well conversant with
the facts and
circumstances of this
case.
This is true to my knowledge.
2.
That the
statements made in the paragraph
numbers 1 to 10 of
the present petition
are true to
my knowledge and
belief and the
rests are my
humble submission before
your Honour’s Court.
--------------------------
Draft Prepared in office premises Deponent
Identified by me
Snehasish Sutradhar
Advocate
Advocate
Peyarabagan,laskarpur
Kolkata-700153
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