ORIENTAL INSURANCE CO LTD Vs. RAM VINAY SINGH

JUDGEMENT

(1.) This appeal under Section 110-D of the Motor Vehicles Act (prior to amendment) read with Section 173 of the Motor Vehicles Act (after the amendment) is at the instance of the insurer against a direction upon it to pay a compensation of Rs. 90,000/- with interest to the respondents for a motor accident. The order appealed against was recorded on 7.7.1989 in Claim Petition No. 4 of 1987 by the Motor Accidents Claims Tribunal (District Judge), Azamgarh.

(2.) One Sudhakar Singh, a boy aged 14 years and a student of class 9 at the relevant time had died in a motor accident on 30.8.1986 as he was crushed under the wheels of a tractor driven rashly and negligently. Owner of the tractor and the insurer were sued by the bereaved parents of the deceased boy. Written statement was filed and witnesses were examined. Only thereafter the aforesaid order of compensation was passed and the liability was fixed on the insurer to pay the aforesaid sum.

(3.) The appeal was pressed by the appellant Oriental Insurance Co. Ltd. stating that the case was to be guided by the provisions of the Motor Vehicles Act that stood before amendment. It was stated that there was no issue framed by the court below on the question of rashness and negligence in driving the vehicle and no compensation should have been awarded in the absence of any such issue and in absence of any finding that the motor vehicle in question was being driven with rashness and negligence at the relevant time. It was further contended that the Tribunal was pleased to dismiss the claim against the owner of the motor vehicle and upon such finding no liability could be fastened with the insurer as the insurer could be liable only to indemnify the owner when some responsibility is fixed with him.