ORIENTAL INSURANCE COMPANY Vs. HEMALATA BEWA

JUDGEMENT

(1.) The Judgment dated 27th April, 2005 passed by the 3rd Motor Accident Claims Tribunal, Puri in MAC Case No. 51/160 of 2002/2001 is assailed in this appeal by the Oriental Insurance Company which was Opposite Party No. 2 in the said case. By the said Judgment the Learned Tribunal has awarded a compensation of Rs. 1,70,000.00 with interest thereon at the rate of 9% per annum from the date of filing of the said MAC Case, i.e. 28 -3 -2001 in favour of the widow and son of deceased Sankar Bhoi who were the Petitioners in that case, and has directed the Appellant -Oriental Insurance Company to deposit the same. 3. The aforesaid Judgment of the Learned Tribunal is assailed by the Learned Counsel for the Appellant -Oriental Insurance Company mainly on the grounds that the Learned Tribunal acted illegally and with material irregularity in assessing the age of the deceased as fifty years though the voters' list indicated his age as 70 years; and that the driver of the offending trekker bearing registration number OR -02 -B -4293 haying not possessed valid driving licence, the compensation ought not to have been saddled on the Appellant. 4. The Petitioner -Respondents had prayed for a compensation of Rs. 3,50,000.00. Though three witnesses were examined on behalf of the Petitioner -Respondents and they relied on certain documents, the Appellant - Insurance Company did not adduce any oral evidence but exhibited three documents marked as Exts. A, B and C. The Appellant did not file any petition before the Tribunal under Section 170 of the Motor Vehicles Act. 5. After perusing the materials on record this Court finds that the post -mortem report revealed the age of the deceased as fifty years. The oral evidence adduced by the Petitioner -Respondents also corroborated the said fact. It is well known fact that age appearing in a voters' list cannot always be accepted to be correct unless the person who has prepared the said list is examined in Court and states on oath with regard to the source of his knowledge. Considering all these aspects and in a spirit of Lok Adalat this Court feels that in the present case a compensation of Rs. 1,30,000.00 with interest therein at the rate of 6% per annum from the date of filing of the MAC Case before the Tribunal, as against Rs. 1,70,000.00 with 9% interest thereon as awarded by the Tribunal, would be just and proper, and this Court orders accordingly. It is submitted that a sum of Rs. 50,000.00 (fifty thousand) has already been paid by the Appellant to the Petitioner -Respondents. Therefore this Court directs that the balance Rs. 80,000.00 and the entire interest at the rate of 6% from the date of filing of the MAC Case before the Tribunal on Rs. 1,30,000.00 till the date of payment of the aforesaid sum of Rs. 50,000.00 and thereafter interest at that rate on Rs. 80,000.00 up -to -date be deposited by the Appellant -Insurance Company before the Tribunal within six weeks hence. This Court grants liberty to the Appellant -Insurance Company to realize the amount paid by it from the owner of the offending trekker in consonance with law on the ground that the driver of the said vehicle having not possessed valid driving licence there was a breach of conditions of the insurance policy. The statutory deposit made by the Appellant -Insurance Company before this Court be refunded to it with interest accrued thereon, if any, after deposit is made by it before the Tribunal as directed above.