NATIONAL INSURANCE COMPANY LTD. Vs. SUSHANTA KUMAR DASH

JUDGEMENT

(1.) The present appeal by the insurer is directed against the judgment dtd. 30/9/2011 of learned Member, 2nd MACT, Sambalpur in M.A.C. Case No.145 of 2008 (S.B.P) wherein compensation to the tune of Rs.15,00,000.00 along with interest @ 7.5% per annum from the date of filing of the claim application, i.e. 23/7/2008 has been granted on account of injuries sustained by the claimant - Respondent No.1 in the motor vehicular accident dtd. 4/4/2005.

(2.) The insurer has mainly questioned its limit of liability to indemnify the compensation amount in respect of the present claimant - injured.

(3.) The facts relevant to be stated here are that while the claimant- injured along with five others were travelling in the offending vehicle, i.e. car bearing registration number OR-15-F-8727, it dashed against a tree resulting death of all its occupants including the driver, except present Respondent No.1 - the claimant. Admittedly, the offending vehicle was covered on the date of accident with a valid insurance policy limiting to five occupants including the driver for risk coverage. The dependents of other such deceased occupants of the vehicle having preferred different claim applications got their respective compensation amounts. Treating present injured - Respondent No.1 as 6th occupant of the vehicle, the compensation in respect of him granted by the Tribunal has been challenged by the insurer on the ground that the 6th occupant, who is beyond the permit granted in respect of the vehicle in question, is not covered within the contract.