SAMIR RANJAN SARKAR Vs. JAYAMATI AHIR

JUDGEMENT

(1.) This appeal is filed by the owner of the vehicle which was involved in a motor vehicle accident giving rise to Case No. T.S.(MAC) 101 of 2015 before the Motor Accident Claims Tribunal, West Tripura, Agartala. He has challenged an award dated 16th November, 2017 passed by the said Tribunal.

(2.) Brief facts are as under : One Rajkumar Gowala along with his other family members was going to Melaghar to visit Nirmahal in a motor car owned by the present appellant, original opposite party No.1 of the said motor accident claim petition. While the vehicle was returning from Nirmahal proceeding towards Agartala near Sipahijala, the vehicle overturned causing fatal injuries to one of the passengers Rajkumar Gowala. His widow, minor children and mother, therefore, filed the above mentioned claim petition seeking compensation of Rs.67,05,000/- from the driver, owner and insurer of the vehicle involved in the accident. In the claim petition itself it was alleged that the deceased Rajkumar Gowala and his brother-in-law Bijan Gowala and 4(four) other persons had hired the said vehicle for going to Melaghar to visit Nirmahal. The Claims Tribunal by the impugned award held that the driver of the vehicle was negligent in causing the accident. The deceased was stated to be a plumber. The Tribunal assessed the compensation payable to the claimants at Rs.16,64,600/-. With respect to the question of the liability of the insurance company, the Tribunal held and observed as under :

(3.) Mr. Asutosh De, learned counsel appearing for the appellant submitted that the deceased and other passengers in the car had not hired the vehicle. They were known and related to the owner of the vehicle. On their request the driver had stopped the vehicle to give them a lift. There was, thus, no breach of the insurance policy. The Claims Tribunal committed a serious error in holding that because of the breach of the insurance policy insurance company was not liable to satisfy the award.