ORIENTAL INSURANCE COMPANY LTD Vs. UTPALESH CHAKRABORTY

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act by the Oriental Insurance Company Ltd. against the judgment and award dated 09.06.2006 as passed by the Motor Accident Claims Tribunal, Bongaigaon, in MAC Case No. 108/2005. The findings as returned by the Tribunal as regards the accident that occurred on 14.02.2004 when the claimant-respondent No. 1 was proceeding towards Tezpur with his family members by driving his vehicle bearing registration No. AS-19/8647 (Tata Sumo) along with the National Highway 52 and suddenly a cow came in front of the vehicle and the claimant-respondent lost control of the vehicle and the vehicle turned turtle and dashed against a tree, the injuries sustained by the claimant-respondent and the insurance cover of the said vehicle by the appellant are not in dispute by either of the parties or in the appeal. As such, those findings are affirmed and further appraisal thereof is avoided.

(2.) The solitary question that has been projected in the appeal is that whether the appellant can be made liable for making payment of the awarded sum in the fact and circumstances of the case.

(3.) Mr. S. Dutta, learned counsel appearing for the appellant has seriously criticised the finding of the Tribunal to the extent that the vehicle was duly insured with the comprehensive insurance policy by the appellant vide the Exbt.-10 document and as such the owner-cum-driver, the claimant-respondent is entitled to get due compensation from the appellant. According to Mr. Dutta, learned counsel for the appellant, the admitted fact is that the accident occurred for fault of the claimant-respondent and no other vehicle was involved in the said accident When the negligence is on the part of the owner of the vehicle who was driving at the relevant point of time, no claim under Section 166 or under Section 163-A of the Motor Vehicles Act, 1988 can be set in against the appellant. In support of his contention, Mr. S. Dutta, learned counsel for the appellant, relied on a decision of the Apex Court in Oriental Insurance Company Ltd. Vs. Jhuma Saha & Ors., 2007 9 SCC 263, where the Apex Court held as under: