NEW INDIA ASSURANCE CO LTD Vs. LAXMI DEV

JUDGEMENT

(1.) MISCELLANEOUS Appeal No. 538 of 1991(R) has been filed on behalf of the New India Insurance Company Limited and Misc. Appeal No. 539 of 1991(R) has been filed on behalf of Md. Hyder Ali. As both the appeals arise out of the same impugned Award both have been heard together and are being disposed of by a common judgment. Both the appeals have been directed against the order dated 29,7.1991 passed by the Motor Vehicle Accident Claims Tribunal, Jamshedpur, in compensation Case No. 51 of 1986, whereby and whereunder the appellant of Misc. Appeal No. 539 of 1991 (R) Mod. Hyder Ali has been ordered to pay a sum of Rs. 50,000/ - to the applicants under section 110A of the M.V.Act as compensation together and interest at the rate of 10% per annum on 'the entire amount of compensation of rupees one lac pendente like and future till realisation is allowed. Besides cost of Rs. 500/ - payable by the appellant. In addition to that, the tribunal also ordered the Insurance Company to pay a sum of Rs. 50,000/ - to the applicant no.1 on her behalf and on behalf of other applicants (over and above ad interim compensation of Rs. 15,000) paid to them.

(2.) THE applicants filed a claim case against the owner and driver of the vehicle besides the Insurance Company alleging therein that on 3.6.1986 at about 11 A.M. while the deceased was sitting on the back seat of the scooter and was going to Pardih along with informant, namely, Gurdip Singh and had reached near Gurudwara, a tempo no. BHT 1946 belonging to the opposite party no.1 (Appellant in M.A.No. 539 of 1991(R) which was being driven by Safdar Ali rashly and negligently in a high speed dashed the scooter as a result of which informant and the deceased namely, Kesh Chandra Kesera @ Lalla fell down and sustained injuries and in course of treatment the deceased died on 4.6.1986. The claimants asserted that the monthly income of the deceased was Rs. 1,500/ -and, so, they claimed compensation of Rs. 5,40,000/ -. The owner of the vehicle (Appellant of M.A.No.539 and 1991 (R) and the Insurance Company (Appellant of M.A.No.538 of 1991(R) appeared and filed their written statements separately denying the claim. It was the specific case of the Insurance Company that its liabilities were limited to the extent of Rs. 50,000/ - whereas the owner of the vehicle asserted that all the liabilities in respect of the alleged accident would be covered by the Insurance Company.

(3.) ON consideration of all the facts and circumstances of the case, the learned tribunal gave the Award against the Insurance Company that it was liable to pay statutory liability of Rs. 50,000/ -(over and above Rs. 15,000 already paid as ad -interim compensation) by it together with interest @ 10% per annum pendent elite and future interest till realisation of the same. In course of argument the learned counsel appearing for the Insurance Company submitted that the vehicle was ensured with the Insurance Company under 3rd Party risk for which premium was paid, therefore, the liability of the Insurance Company was limited to the extent of Rs. 50,000/ - only under section 95 of the Motor Vehicle Act. In other words the counsel for the Insurance Company did not dispute the award given by the Tribunal against the Insurance Company and I also find that the Award given by the tribunal against the Insurance Company to the extent of Rs. 50,000/ -(over and above Rs. 15,000/ - paid by it as ad interim compensation) does not require any interference by this Court, in view of the fact that the learned counsel appearing for the Insurance Company raises no objection against the Award given by the tribunal against the Company.