GOPAL DEBNATH Vs. SHARMILA DEBBARMA

JUDGEMENT

(1.) It is not in dispute that vehicle bearing registration No.TR-01A-1396 (City-Ride Minibus) owned by Sri Gopal Debnath, appellant herein, met with an accident in which the original claimant Smt. Sharmila Debbarma sustained injuries. She filed claim petition under Sec. 166 of the Motor Vehicles Act, 1988 in which she pleaded negligence that of driver of the offending vehicle bearing registration No.TR-01A-1396 (City-Ride Minibus). The vehicle was being driven at a very high speed. Apparently, the said vehicle dashed into the motorbike on which the claimant was sitting as a pillion rider. The owner, in response, refuted such allegations, further clarifying that in any event the vehicle was insured with M/S Oriental Insurance Company Limited with a policy No.322700/31/2011/13216 and as such, liability if at all, would be that of the said insurer.

(2.) On the other hand, insurer in its objection petition, not only refuted the averments made in the claim petition, but specifically pleaded lack of particulars of payment of insurance premium; particulars of the driving licence of the driver driving the vehicle; breach of the insurance policy on account of non-payment of premium; in effect protection statutory in nature is sought under Ss. 149, 170 and 134(c) of the Motor Vehicles Act and Sec. 64(v)(b) of the insurance Act, 1988. In fact, in Para-21, the insurer took the following specific plea :

(3.) Based on the pleadings of the parties, trial Court framed the following issues :