ORIENTAL INSURANCE COMPANY LIMITED Vs. SANJUKTA SAHU

JUDGEMENT

(1.) Instant appeal is filed by the Insurance Company in terms of Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act') challenging the liability and quantum of compensation directed by learned 1st Additional District Judge- cum-1st Motor Accident Claims Tribunal, Cuttack with an award dtd. 14/2/2023 while disposing of MAC Case No.632 of 2018 on the grounds inter alia that the offending vehicle was not involved in the accident and furthermore, the amount of compensation determined is on the higher side and if in case, any such liability is fixed, the same is required to be reduced.

(2.) The claimants (respondent Nos.1 to 3) filed application under Sec. 166 of the MV Act before the learned Tribunal for grant of compensation of Rs.67,50,000.00 on account of death of the deceased (husband of respondent No.1 and father of respondent Nos.2 and 3) in a vehicular accident dtd. 27/6/2018. Considering the claim application, learned Tribunal framed the following issues: (i) whether due to rash and negligent driving of the driver of the offending vehicle bearing registration No.AP-35- V-7989, the alleged accident took place resulting in the death of the deceased? (ii) whether the respondents are entitled to receive compensation and if so, what would be the quantum? (iii) whether the appellant or respondent No.4 to be jointly or individually liable to pay the compensation? (iv) and to any other reliefs, the claimants are entitled?

(3.) The learned Tribunal received evidence and answered all the issues and concluded that the accident had taken place due to the rashness and negligence of the driver of the truck, which caused death of the deceased and since the vehicle in question was validly insured with the appellant, the latter is liable to cover the risk indemnifying respondent No.4, namely, owner of the said vehicle and accordingly, held the claimants (respondent Nos.1 to 3) entitled to compensation for a sum of Rs.58,39,333.00 payable to them along with interest @ 6% per annum from the date of claim application filed within two months and in default, to pay interest @ 12% per annum till such payment is made.