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NATIONAL INSURANCE COMPANY LTD. v. NAZIRA AND ORS ETC.

Supreme Court of India | Diary 10174/2018

Status

ROP - of Main Case

Decided On

13-04-2023

Bench

HON'BLE MR. JUSTICE A.S. BOPANNA and HON'BLE MS. JUSTICE HIMA KOHLI

Petitioner

NATIONAL INSURANCE COMPANY LTD.

Respondent

NAZIRA AND ORS ETC.

Primary Holding

An insurer challenging a MACT award on grounds of gratuitous passenger status or invalid driving licence cannot raise such defences before the appellate court if it failed to plead and adduce evidence in support thereof before the Tribunal.

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Full Judgment Text

ITEM NO.45 COURT NO.11 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (C) Nos. 9653-9654/2018 (Arising out of impugned final judgment and order dated 30-11-2017 in CIMA No. 256/2014 and CIMA No. 257/2014 passed by the High Court of Jammu & Kashmir and Ladakh at Jammu) NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS. ETC. Respondent(s) Date : 13-04-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Ranjan Kumar Pandey, AOR Mr. K.k Bhat, Adv. Mr. Divyam Garg, Adv. For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the petitioner-Insurance Company and perused the appeal papers. The MACT through its award dated 22.10.2013 has awarded the sum of Rs.14,88,000/- in respect of the first claimant and Rs.8,41,000/- in respect of the 2 nd claimant. The petitioner- Insurance Company claiming to be aggrieved was before the High Court contending that the claim could not have been granted, inasmuch as the deceased were gratuitous passengers and also the driver did not hold the appropriate license. 1

SLP (C) Nos. 9653-9654/2018 The High Court having referred to the same has taken note that the petitioner-Insurance Company has neither put forth such contention before the MACT in an appropriate manner nor tendered evidence. We see no error committed by the High Court so as to interfere with the impugned order. The special leave petitions are, accordingly, dismissed. Pending application(s) shall stand disposed of. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR 2

ITEM NO.4 COURT NO.12 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (C) No. 9653-9654/2018 (Arising out of impugned final judgment and order dated 30-11-2017 in CIMA No. 256/2014 30-11-2017 in CIMA No. 257/2014 passed by the High Court of Jammu & Kashmir And Ladakh At Jammu) NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) Date : 24-03-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. Ranjan Kumar Pandey, AOR For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the petitioner seeking an adjournment, list the matter on 14.04.2023. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.1 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XVI - A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 9653 - 9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) Date : 31 - 08 - 2020 These petitions were called on for hearing today. For Petitioner(s) Mr K.K.Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Not connected. Service is complete on respondent nos.1 to 4,7 and 8 but none has entered appearance. Respondent no.5 has be en deleted from the array of parties. Opportunity to respondent no.6 to file counter affidavit has already been declined. Registry to process the matter for listing before the Hon'ble Court as per rules. ANIL LAXMAN PANSARE Registrar

ITEM NO.3 REGISTRAR COURT - 1 THROUGH VIDEO CONFERENCE SECTION XVI - A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 9653 - 9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) Date : 27 - 07 - 2020 These petitions were called on for hearing today. For Petitioner(s) Mr K.K.Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Ld. Counsel for the petitioner is granted four weeks time as last opportunity for filing proof of publication in respect of respondent nos. 2 to 4,7 and 8. List again on 31.8.2020. ANIL LAXMAN PANSARE Registrar

ITEM NO.2 REGISTRAR COURT. Registrar Virtual Court - 1 SECTION XVI - A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 9653 - 9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) ) Da te : 15 - 06 - 2020 These petitions were called on for hearing today. For Petitioner(s) Mr K.K.Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Service is complete on respondent no.1 but none has entered appearance. Application for substituted service in respect of respondent nos. 2 to 4, 7 and 8 is allowed. Proof of publication be filed within weeks time. Respondent no.5 has been deleted. Opportunity to respondent no.6 to file counter affidavit has already been declined. List again on 27.7. 2020. ANIL LAXMAN PANSARE Registrar

ITEM NO.29 REGISTRAR COURT. 1 SECTION XVI - A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 9653 - 9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) Date : 16 - 12 - 2019 These peti tions were called on for hearing today. For Petitioner(s) Mr K.K.Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Service is complete on respondent no.1 but none has entered appearance. Respondent no.5 has been deleted from the array of parties. Ld. Counsel for the petitioner to take fresh steps to effect service on respondent nos.2 to 4, 7, & 8 within two weeks time. Opportunity to respondent no.6 to file counter affidavit has already been declined. List again on 23.3.2020. ANIL LAXMAN PANSARE Registrar

ITEM NO.4 REGISTRAR COURT. 1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 9653-9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) Date : 21-08-2019 These petitions were called on for hearing today. For Petitioner(s) Mr K.K.Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Service is complete on respondent no.1 but none has entered appearance. Opportunity to respondent no.6 to file counter affidavit has already been declined. Respondent no.5 has been deleted from the array of parties vide order dt.29.7.2019. Ld. Counsel for the petitioner to take fresh steps to effect service on respondent nos. 2 to 4, 7 and 8 within two weeks time. List again on 16.12.2019. ANIL LAXMAN PANSARE Registrar

ITEM NO.39 COURT NO.9 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9653-9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) Date : 29-07-2019 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI [IN CHAMBER] For Petitioner(s) Mr. K.K. Bhat, AOR For Mr. Ranjan Kumar Pandey, AOR For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Having regard to the submissions made in I.A. No.56057/2019, application for deletion of name of respondent No.3, is allowed. The name of respondent NO.3 is ordered to be deleted from the array of parties subject to all just exceptions and at the risk of the petitioner. Note to that effect be put on the cause- title. (NEETU KHAJURIA) COURT MASTER (VIDYA NEGI) COURT MASTER

ITEM NO.12 COURT NO.5 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA 185836/2018,185837/2018, in Petition(s) for Special Leave to Appeal (C) No(s). 9653-9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) (Application for substitution & c/d in filing substitution appn.) Date : 29-04-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN [IN CHAMBER] For Petitioner(s) Mr. K.K. Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Application for deletion of R-5 is allowed at the risk of the petitioner. Accordingly applications for condonation of delay in filing substitution as well as substitution to bring on record the Lrs. of R-5 have become infructuous. Registry to proceed further. (INDU MARWAH) (SUNIL KUMAR RAJVANSHI) COURT MASTER BRANCH OFFICER

ITEM NO.16 COURT NO.12 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (C) Nos.9653-9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) WITH IA 185836/2018,185837/2018 APPLICATION FOR SUBSTITUTION AND C/DELAY IN FILING SUBSTITUTION APPLICATION Date : 11-02-2019 These applications were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH [IN CHAMBERS] For Petitioner(s) Mr. K.K. Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R List on 25.02.2019. (ASHA SUNDRIYAL) (KAILASH CHANDER) COURT MASTER ASSISTANT REGISTRAR

ITEM NO.1 REGISTRAR COURT. 1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 9653-9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) Date : 17-01-2019 These petitions were called on for hearing today. For Petitioner(s) Mr K.K.Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Service is complete on respondent no.1 but none has entered appearance. Opportunity to respondent no.6 to file counter affidavit has already been declined. Delay in filing spare copies in respect of respondent nos. 2 to 4, 7 and 8 is condoned. Issue notices immediately. Application for substitution filed in respect of respondent no.5(dead) is defective. Defects be cured within four weeks time. List again on 5.3.2019. ANIL LAXMAN PANSARE Registrar

ITEM NO.3 REGISTRAR COURT. 1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 9653-9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) Date : 28-11-2018 These petitions were called on for hearing today. For Petitioner(s) Mr K.K.Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) Mr. Sumit R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Service is complete on respondent no.1 but none has entered appearance. Ld. Counsel for the petitioner to take fresh steps to effect service on respondent nos. 2 to 5, 7 and 8 within two weeks time as last opportunity. Notice thereafter be issued. However, ld. Counsel for the petitioner submitted that he will be providing the fresh and correct addresses of the unserved respondents. Permission granted. Opportunity to respondent no.6 to file counter affidavit has already been declined vide order dt.25.9.2018. List again on 17.1.2019. ANIL LAXMAN PANSARE Registrar

ITEM NO.25 REGISTRAR COURT. 1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR.RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 9653-9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) Date : 25-09-2018 These petitions were called on for hearing today. For Petitioner(s) Mr. Ranjan Kumar Pandey, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete on respondent no.1 but none has entered appearance. Ld. Counsel for the petitioner to take fresh steps to effect service on respondent nos. 2 to 5,7 and 8 within two weeks time. Notice thereafter be issued. Service is complete on respondent no.6. Vakalatnama and counter affidavit has not been filed despite last opportunity having been granted, as such, further opportunity to file counter affidavit stands declined, however, vakalatnama may be filed. List again on 28.11.2018. RAJESH KUMAR GOEL Registrar

ITEM NO.6 REGISTRAR COURT. 1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. KAPIL MEHTA Petition(s) for Special Leave to Appeal (C) No(s). 9653-9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) Date : 17-08-2018 These petitions were called on for hearing today. For Petitioner(s) Mr Rahul Kumar, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete on respondent no.1 but none has entered appearance. Await service/track report in respect of respondent nos. 2 to 5, 7 and 8. Service is complete on respondent no.6. Vakalatnama and counter affidavit be filed within four weeks time as last opportunity. List again on 25.9.2018. KAPIL MEHTA Registrar 17.08.2018 hj

ITEM NO.5 REGISTRAR COURT. 1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. KAPIL MEHTA Petition(s) for Special Leave to Appeal (C) No(s). 9653-9654/2018 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA AND ORS ETC. Respondent(s) Date : 02-07-2018 These petitions were called on for hearing today. For Petitioner(s) Mr K.K.Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete on respondent nos.1 and 6 but none has entered appearance on behalf of respondent no.1. Ld. Counsel, Mr Ashok K Singh appearing on behalf of Mr Sumit R Sharma, Advocate-on-record appears for respondent no.6. Vakalatnama and counter affidavit be filed within four weeks time. Ld. Counsel for the petitioner to take fresh steps to effect service on respondent nos. 2 to 5, 7 and 8 within two weeks time. Notices thereafter be issued. List again on 17.8.2018. KAPIL MEHTA Registrar 02.07.2018 hj

ITEM NO.6 COURT NO.7 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10174/2018 (Arising out of impugned final judgment and order dated 30-11-2017 in CIMA No. 257/2014 30-11-2017 in CIMA No. 256/2014 passed by the High Court Of J & K At Jammu) NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS NAZIRA & ORS. ETC. Respondent(s) (WITH IA No.43686/2018-CONDONATION OF DELAY IN FILING) Date :06-04-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. K.K. Bhat, Adv. Mr. Ranjan Kumar Pandey, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. In the meantime, the operation of the impugned common judgment and order passed by the High Court shall remain stayed. [ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ] A.R.-cum-P.S. Asstt. Registrar

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