ORIENTAL INSURANCE CO LTD Vs. PRIYABALA ROY

JUDGEMENT

(1.) EVEN though the matter is listed for admission/hearing under Order XLl, Rule 11 c. P. C. learned Counsel for both the parties submit that the same can be disposed off at this stage, since the main grounds of challenge in this appeal are with regard to the liability of the Insurance Company to pay the awarded amount indemnifying the owner of the vehicle, even ifthedriverof the vehicle was not having a valid Driving Licence at the time of the accident, which is violative of the terms and conditions of policy and the deceased was travelling in the offending vehicle as a gratuitous passenger as well as the quantum of compensation and rate of interest awarded are on the higher side.

(2.) THIS appeal has been filed by Respondent no. 3/lnsurance Company challenging the award dated 14th December, 2000 passed by the learned Additional District Judge-cum-M. A. C. T. ,nawarangpurin Misc. Judicial Case no. 88/2000 (M. J. C. No. 2 of 97 of D. J.), which was filed under Section 166 of the M. V. Act.

(3.) THE case of the claimant, who is wife of deceased Rajeswar Roy is that on 4th March, 1996 while the deceased was travelling in the offending vehicle (Jeep) bearing Registration no. O. R. C. 3248 to Karagaon to finalise the marriage of his daughter, due to rash and negligence of the driver, the vehicle met with an accident near Kumuli and the deceased along with others sustained injuries. The deceased was taken to Raighar P. H. C. where he succumbed to the injuries. The deceased was carrying on business of grocery articles and was also a cultivator. His monthly income was Rs. 3,500/ -. The untimely death has exposed the family to great suffering and misery, for which the petitioner has claimed a compensation of Rs. 1,60,000/ -. The vehicle was validly insured with the New India assurance Company/respondent No. 3, covering the date of accident.