ORIENTAL INSURANCE CO LTD Vs. BADRI GORAI

JUDGEMENT

(1.) ON a petition having been filed by and on behalf of the appellants, Oriental Insurance Co. Ltd. and its Divisional Manager, M.A. Nos. 67/98(R), 68/98(R), 69/98(R), 70/98(R), 71/9S(R), 72/98(R) have been heard analogous and are being disposed of by this common order. All of them have arisen from identical orders passed by the 5th Addl. Judicial Commissioner of Ranchi on applications under Sec. 140 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as the Act) in consequence of a fatal accident resulting in death of the Kin of the applicants therein. By the impugned orders, the learned Additional Judicial Commissioner has directed the appellants, particularly appellant No. 1 -Insurance Company, to pay to each set of applicants in those, applications a sum of Rs. 50,000.00 as interim compensation within one month from the date of the order, otherwise interest @ 12% per annum is to be levied.

(2.) THE admitted facts giving rise to these appeals under Sec. 173 of the Act that Md. Soaib who has been arrayed as Respondent No. 6 in M.A. Nos. 68/98R to 70/98R, R. No. 7 in M.A. No. 71/98R and respondent No. 9 in M.A. Nos. 67/98R and 72/98R, is the owner of a truck, that is, goods carrying -transport vehicle bearing registration No. BPN 2489. That vehicle was registered with appellant No. 1 under Policy No. MV/14/17 (Certificate No. 332203/21/185) valid between 10.4.96 and 9.4.97. On 1.10.96, the said truck was carrying thereon certain amount of goods with owners thereof numbering about 30 -35 for reaching them to Bargaon (Chainpur). It is stated that the driver of the truck was driving the vehicle in a very high speed and negligently. The result was that it turned turtle by the side of the road at a place near Nayee Sarai. Several persons got injured. Nine persons named Rajesh Munda, Maheswar Rai, Saraswati Devi, Kaushalya Devi, Shankar Sao, Mahesh Pd. Agarwal, Laxmi Rai, Om Sao, Rafique Mian and Lalita Kumari died at the spot. The surviving injured were rushed to Nayee Sarai Hospital where one of them named Kishori Prasad Agarwallodged. First Information Report with an Assistant Sub -Inspector of Ramgarh police within whose jurisdiction the accident had taken place. The police took up investigation and submitted charge -sheet against the driver of the said truck named Md. Riyaz @ Raju for commission of offences under Secs. 279, 337, 338 and 304 -A of the Indian Penal Code. The heirs and dependants of 6 of the deceased who had died at the spot, namely, Shankar Sao, Laxmi Rai, Saraswati Devi, Mahesh Prasad, Kaushalya Devi and Lalita Kumari laid their claim for compensation on the principles of non -fault liability ay envisaged under Section 140 of the Act. Their claim applications were registered as Compensation Case Nos. 196/96, 197/96, 199/96, 200/96, 201/96 and 203/96. By identical orders dated 10.3.98, the learned Addl. Judicial Commissioner of Ranchi has directed the Insurance Company to pay a sum of Rs. 50,000.00 to each set of the applicants in all the six compensation cases. That order has been impugned in these appeals.

(3.) MA No. 67/98R has arisen from Compensation case No. 201/96, while M.A. Nos. 68/98R, 69/98R, 70/98R, 71/98R and 72/98R are directed against orders impugned in Compensation Case Nos. 196/96, 200/96, 199/96, 197/96 and 203/96 respectively.