ORIENTAL INSURANCE CO LTD Vs. NARESH KUMAR AGRWAL

JUDGEMENT

(1.) THIS is an appeal against the award dated 28. 2. 1991 passed by the Fifth Additional Motor Accidents claims Tribunal, Raipur in Claim Case no. 12 of 1989, whereby an award of rs. 18,000 has been passed in favour of injured, respondent No. 1, who is owner of the vehicle.

(2.) ON 22. 12. 1987 at about 12. 30 in the night, the respondent No. 1, being owner of vehicle bearing registration No. MKS 8684, sitting on the left side of the driver of the vehicle, was travelling in connection with his business of collecting milk. Respondent No. 2 was driving the vehicle. The vehicle has been insured with the appellant. As a result of rash and negligent driving of respondent No. 2, the vehicle met with an accident and respondent No. 1 sustained grievous injuries, he lost his one eye and also suffered disfiguration. After calculating the damage, he filed an application under section 110-A of Motor vehicles Act, 1939 (henceforth, 'the Act')claiming an amount of Rs. 85,000 against the appellant and respondent No. 2.

(3.) RESPONDENT No. 2 did not deny the ownership, insurance and the accident. He pleaded that the accident did not take place as a result of his negligence and respondent no. 1 has claimed exorbitant amount for the compensation. Appellant although did not dispute the ownership and insurance, but while challenging the claim specifically pleaded that policy does not cover the insured, therefore, the insurance company is not liable to pay any compensation to owner of the vehicle who is respondent no. 1. Tribunal after considering the evidence and material on record held that due to negligent driving of respondent No. 2, on 22. 12. 1987, the vehicle bearing registration no. MKS 8684, met with an accident. At the time of accident respondent no. 2 was authorised to drive the vehicle under a valid driving licence, respondent no. 1, suffered injuries and lost his one eye, therefore, claimant-respondent No. 1 is entitled for compensation of Rs. 18,000 with costs and interest from the appellant.