NANDA @ RABI NARAYAN SAHOO Vs. RAMA CHANDRA PRADHAN

JUDGEMENT

(1.) This appeal by the claimant-appellant is directed against the judgment/award dated 12.4.2002, passed by the Third Motor Accident Claims Tribunal, Bhubaneswar, in M.A.C.T. Misc. Case No. 350 of 1997, awarding an amount of Rs. 45,000/- as compensation, along with interest @ 9% per annum from the date of filing of the claim application and directing the owner of the vehicle to pay the compensation amount.

(2.) Learned Counsel for the claimant-appellant submits that as the alleged cancellation of the insurance policy was not in conformity with the provision of the M.V. Act and no intimation of such cancellation had been given to the registering authority, the same is not valid and effective. It is further submitted that even otherwise, as the Insurance Company had waived its right to cancel the policy and expressed its willingness to continue the policy if the premium is paid before any liability is incurred, the insurer cannot avoid its liability. Accordingly, it is submitted that the impugned award of the learned Tribunal directing the owner of the vehicle to pay the compensation amount is not proper and justified. It is further submitted that the award of compensation amount is very low inasmuch as, learned Tribunal has not taken into consideration the nature of injury sustained by the claimant, the extent of disability suffered by him due to such injury and the expenses incurred by him for treatment of the same. Accordingly, the claimant has sought for enhancement of the compensation amount and for a direction to the insurer to pay the same.

(3.) Considering the grounds taken in the appeal and the submission made by learned Counsel for the parties and keeping in view the findings of the learned Tribunal as given in the impugned award with regard to the quantum of compensation amount awarded and the basis on which the same has been arrived at, no impropriety or illegality can be said to have been committed by the learned Tribunal, so as to warrant any interference in this appeal. However, the award of interest @ 9% per annum is modified and reduced to 6% per annum. As regard the impugned direction to the owner of the vehicle to pay the compensation amount, the same is not proper and justified and is accordingly set aside. The Insurance Company-respondent No. 2 is held liable to pay the compensation amount awarded with liberty to recover the same from the owner of the vehicle, if recoverable, in accordance with law. Accordingly, the claimant is entitled to the awarded compensation amount of Rs. 45,000/- along with interest @ 6% per annum, which is payable by the Insurance Company-respondent No. 2. The impugned award is modified to the said extent.