KIRANABALA JENA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal by the legal heirs of the deceased owner of the vehicle (insured) is directed against the award dated 10.4.2009 passed by the 1st Motor Accident Claims Tribunal, Cuttack, in Misc.Case No.1140 of 2002, holding that the insurance policy issued in respect of the offending vehicle (truck) No.OR-04/5924, does not cover the risk of the owner (insured) and therefore the insurer is not liable to pay the compensation amount.

(2.) The case of the claimants in their claim application filed before the learned Tribunal under Section 163-A of the Motor Vehicles Act, 1988 (for short "M.V.Act") was that the deceased Gangadhar Jena, who is the owner of the truck No.OR-04/5924, was returning to Bhubaneswar, driving his own truck, on 2.11.2001, at about 9.30 A.M., when the said truck capsized near Badapokharia on N.H. No.5, as a result of which, Gangadhar died in the said accident. It was claimed that the deceased Gangadhar was doing transport business and was earning Rs.6,000/- per month. The plea of the claimants was that as the death of Gangadhar occurred due to the accident arising out of the use of his won vehicle, they are entitled to compensation from the insurer, as the vehicle was covered under a valid policy of insurance.

(3.) P.W.2, examined on behalf of the claimants stated in his evidence that while he was proceeding towards Cuttack, he found that the truck bearing No.OR-04/5924 was being driven by Gangadhar Jena, which capsized near Badapokharia on N.H. No.5, as a result of which, Gangadhar died in the said accident. The Final Form (Ext.2) filed by the claimants, revealed that the police after investigation, found that the deceased Gangadhar Jena, who was driving the vehicle at the time of the accident, was rash and negligent in causing the accident, which resulted in his death. Accordingly final report was submitted under Sections 279/337/304-A IPC, as the accused driver had died in the accident. On the basis of the evidence on record, both oral and documentary, including the police papers, learned Tribunal came to hold that deceased Gangadhar Jena died in the accident on 2.11.2001, arising out of use of the offending vehicle (truck) No.OR- 04/5924.