ORIENTAL INSURANCE CO. LTD Vs. BHUMA BI

JUDGEMENT

(1.) THE insurer, original respondent No. 3, Oriental Insurance Co. Ltd., has preferred this appeal, making a grievance that although its statutory liability was Rs. 50,000/- per accident, the Motor Accidents Claims Tribunal, in Claim Petition No. 62 of 1988, was pleased to direct that the entire award of Rs. 1,32,000/- with 12 per cent interest thereon should be borne by the insurer. It is further contended that the learned Member of the Tribunal fell in error when the learned Member observed that since the policy is the comprehensive policy, the liability of the insurance company cannot be restricted to Rs. 50,000/-.

(2.) AT the outset, it will have to be stated that the question of negligence on the part of the original respondent No. 1 is not disputed by the insurer. The facts are that on 31.3.1988 at about 11 p.m. respondent No. 1 drove mini bus No. GDF 1104 in a rash and negligent manner and when he was proceeding from Panaji towards old Goa, the vehicle dashed against the footsteps of the parapet wall of the claimant. The claimant's husband, Amin Sab, aged about 46 years, was sitting along with his wife, claimant No. 1. On account of the dash given by the offending vehicle, GDF 1104, the deceased sustained injuries and he died in the hospital. The claimants have contended that the deceased was earning around Rs. 1,500/- and looking to the dependency and the age of the deceased, the claimants were entitled to the compensation of Rs. 4,43,000/-.

(3.) AS indicated, the question of negligence has not been disputed. Even if the evidence of the claimants' witness, Bhuma Bi, is considered, it would be manifest that the offending vehicle dashed against the parapet wall and in consequence her husband and she herself sustained injuries. Her husband died. The panchnama proved by Kharjuvekar supports this conclusion. The respondent No. 1, Harizan, has stated that he was going at a slow speed when he spotted the person crossing the road, he stopped the vehicle, but the deceased came just close to the vehicle and was knocked down.