ORIENTAL INSURANCE COMPANY LTD. Vs. SMT. MONIKA

JUDGEMENT

(1.) This miscellaneous appeal has been filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act 1988 against the award passed by the Member M.A.C.T., Bhopal on 01.09.2015 in M.C.C Case No.934/2014, whereby in total an award for compensation of Rs.10,10,000/- has been passed in favour of present respondent Nos.1 to 3/original claimants nos.1 to 3 jointly and severally against the present appellant and present respondent Nos.5 & 6.

(2.) Respondent Nos.1 to 4 filed an application under Section 166 of the Motor Vehicles Act against the respondent Nos.5 & 6 and present appellant on pleadings that late Ram Avtar Sharma was husband of respondent No.1 and father of other claimants. They were totally dependent on income of deceased. On the date of incident 14.04.2014, at about 11:10 AM, Ram Avtar Sharma was going to Bhopal from Mandideep, driving his Motorcycle with limited speed, in the way on Hoshangabad Road, Bhopal, a Bus bearing registration No.MP04-PA-0648, which was driven rashly and negligently, forcefully dashed to the motorcycle of Ram Avtar and thus he fell down from the bike and got serious injury on his head. He was taken to Hamidiya Hospital in serious condition, where doctors declared him dead. Thereafter, postmortem was conducted. At the time of accident, respondent No.5 Sharifuddin was driving the above-mentioned bus rashly and negligently, respondent No.6 is its Owner and present appellant was its Insurer. FIR was lodged at police station, Misrod, district Bhopal, on the basis of which relating charge-sheet of the criminal case has been filed against respondent No.5. The deceased was a totally healthy man and by doing transport service, he was monthly earning Rs.40,000/- and there was possibility of increase in his income in the future. Faulty driver, Owner and Insurer of bus are liable to pay compensation to the claimants jointly and severally. On different heads mentioned in the claim petition, in total a compensation of Rs.80,50,000/- was claimed.

(3.) Before the Claims Tribunal, written statement was filed only by the present appellant as non-claimant No. In this written statement, all adverse pleadings were denied, including the income of the deceased. It was specifically pleaded that the accident was result of joint negligence of both of the drivers of vehicles, thus the owner of the motorcycle and its Insurer were also necessary parties. The bus driver Sharifuddin was not having valid driving licence at the time of accident, thus the terms of the insurance policy were breached and due to this there is no any liability of Insurance Company to pay the compensation. The bus Owner Mukesh has also breached the terms of the insurance policy, as at the time of accident bus Owner was not having legal and effective permit, thus it was prayed that the claim petition be dismissed against the Insurance Company.