ORIENTAL INSURANCE COMPANY LTD Vs. MONJUMA BEGUM

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 27-02- 2015 passed by the learned Motor Accident Claims Tribunal No.2, Kamrup, Guwahati. 1 The brief facts of the case is that the deceased, Rafiya Khatun while travelling on vehicle bearing registration No. AS-21-B-0116 (Tata ACE Van) carrying goods towards Kakojan side from Naharani Majgaon met with an accident on reaching Naharani Chekora Railway Km.42/0-1, unmanned Railway Crossing Gate under Farkating GRP, Out Post. The driver of the said vehicle is said to have negligently stopped the vehicle between the railway crossing gate as a result of which, the passenger carrying train vide No. 903 proceeding from Guwahati towards Upper Assam knocked down the vehicle and the deceased Rafiya Khatun sustained serious injuries. The deceased was aged 45 years and she was said to have been earning Rs. 6,000/- p.m.

(2.) A case was registered as accident case vide MXN GRP Case No.5 of 2012 under Sections 279/304(A), IPC and the driver of the offending vehicle was charge sheeted and sent for trail for negligent driving and causing accident. At the stage of trail, the learned Tribunal found that the vehicle was a goods carriage vehicle which was insured with the Oriental Insurance Company Limited covered under Policy No.322102/31/2012/12528 which was found to be valid upto 11-03-2013. The learned Tribunal found that the vehicle Tata ACE AS-21-B-0116 was responsible for the occurrence of the accident and ruled that the accident occurred because of the negligence of the ill fated vehicle. On scrutiny of the documents, it was found that the policy concerned did not possess any coverage for the passenger. It was found to be a goods carriage vehicle and no extra premium was paid to cover the risk for the passenger. Hence, it was decided that the respondent No.1, the appellant in the instant case was not liable to pay any compensation the victim only being a gratuitous passenger. The learned Tribunal made assessment and awarded Rs.10,54,000/- to the claimant. This was directed to be paid by the respondent No.1, the present appellant @ 6% per annum from the date of filing till realization of the awarded amount. It was specifically directed that the awarded amount be made recoverable from the owner.

(3.) Being aggrieved, the Oriental Insurance Company, the appellant has filed the present petition on the ground that: