ORIENTAL INSURANCE COMPANY LIMITED Vs. KISHORI RANJAN SARKAR

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the award dated 28.04.2006 passed by the 10th Additional Motor Accident Claims Tribunal (FTC), Raipur (hereinafter called 'the Tribunal') in Claim Case No. 10 of 2005, whereby the Insurance Company has been held liable to pay compensation to the extent of Rs. 1,44,150/-.

(2.) Briefly stated the facts of the case are that according to the Claimant on 06.03.2002, he was travelling in a Jeep bearing registration number MP-23T/0890. He was sitting in front of the Jeep. His case is that he was travelling from Rajim to Gariaband and when they reached at Peri Colony near Telephone Exchange, another Jeep bearing registration number MP-17A/4078 over-took the Jeep in which he was travelling with a view to get more passengers. During this process of overtaking, the said Jeep hit the Jeep in which the Claimant was travelling and it overturned. This is the statement of the Claimant, who is an Advocate by profession.

(3.) The Claimant, in his entire statement, has not blamed the driver of the Jeep No.MP-23T/0890 and he has completely fastened blame on the driver of Jeep No.MP-17A/4078. Admittedly, Jeep No.MP-17A/4078 was not insured. The Tribunal held that since Jeep No.MP-23T/0890 was insured with the Oriental Insurance Company Limited/Appellant, it is liable to pay the compensation. I fail to understand the logic. There is no allegation of negligence against the driver of Jeep No.MP- 23T/0890 Before the Tribunal, there was no evidence that Jeep No.MP-17A/4078 was insured with the Oriental Insurance Company Limited. Therefore, in my view, it could not have been held liable to pay the compensation.