ORIENTAL INSURANCE CO. LTD. Vs. VIVEK GIRI

JUDGEMENT

(1.) The Oriental Insurance Company Limited has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act, 1988') questioning the legality and propriety of the award dated 27.06.2015 passed by the Motor Accident Claims Tribunal, Surguja (Ambikapur) (hereinafter referred to as 'the Tribunal') in Claim Case No.08/2014, whereby, the Tribunal has allowed the claim in part by awarding a sum of Rs.94,839/- with 6 % per annum from the date of filing of the claim petition till its realization while fastening the liability upon the insurance company. The parties to this appeal shall be referred hereinafter as per their description in the Tribunal.

(2.) Briefly stated the facts of the case are that on 22.06.2013 at about 9:00 p.m., the Claimant Vivek Giri was returning home from his field accompanied by his brother Birendra and friends, namely, Khota Cherwa and Dilip Paikra and when they reached near the Balaji Cold Storage of village Sonpurkala, it was dashed vehemently by a motor cycle bearing Registration Number CG15/CL-9849. It was being driven by its owner in a rash and negligent manner. As a result of the alleged accident, the Claimant received serious multiple injuries on his legs, jaw and rear portion of the head, giving rise to the institution of the claim. It has been alleged by the Claimant that he was admitted into the District Hospital, Ambikapur, from where he was referred to M.M.I. Hospital, Raipur and was admitted there for his treatment from 24.06.2013 to 28.06.2013. In view of the injuries sustained, he claimed an amount of Rs.2,15,364/- under various heads.

(3.) The owner-cum-driver of the alleged offending vehicle was proceeded ex parte, while the insurer of it contested the claim mainly on the ground that the driver of the alleged offending vehicle was driving the same without having any valid and effective driving licence in violation of the insurance policy, and therefore, no liability could be fastened upon it.