SATYANARAYANA PANDA Vs. SANGRAM KESHRI MOHANTY

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the claimant, inter alia, challenging the judgment passed by a learned single Judge of this court in Misc. Appeal No. 76 of 1992.

(2.) Bereft of unnecessary details, the short facts are that on 17.9.1986 claimant who was a college student was travelling in a town bus bearing registration number OAU 1646 in the morning from Chandni Chowk to Rajabagicha. He was supposed to get down at the Khannagar Bus Stop. At that relevant stop when the claimant was about to get down, the conductor of the bus signalled the bus to proceed before the claimant could get down, as a result of which the latter fell down on the road and the rear wheel of the bus ran over his legs. The claimant sustained grievous injuries and his legs were fractured. He was removed to the S.C.B. Medical College Hospital, Cuttack for treatment. In spite of prolonged treatment he was not cured and became permanently disabled.

(3.) The Second Motor Accidents Claims Tribunal, Cuttack after perusing the materials and discussing the evidence awarded a compensation of Rs. 53,000 to the claimant which was to be paid by the insurance company as the bus had been validly insured on the date of the accident. The said award was challenged by the insurance company before this court in Misc. Appeal No. 76 of 1992. It was contended by the insurance company before this court that the claimant was a passenger at the time the accident took place and as such the insurer's liability, in consonance with the conditions of the insurance policy, was only to the extent of Rs. 15,000. Learned single Judge disposed of the misc. appeal holding that the claimant was a passenger and as such the insurance company was liable to pay Rs. 15,000 only and the owner of the offending bus was liable to pay the balance amount out of the compensation awarded. The said judgment of the learned single Judge is challenged in this A.H.O. mainly on the ground that claimant ceased to be a passenger the moment the bus crossed the stoppage for which the claimant held valid ticket. In fact the claimant's ticket ended at Rajabagicha and thereafter he ceased to be a passenger and became a third party. On the aforesaid basis it is submitted that the insurance company is liable to pay the entire compensation amount.