ORIENTAL INSURANCE COMPANY LTD Vs. UMLESH DEVI

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the Respondents.

(2.) THIS appeal is directed against the award of interim compensation under Section 140 of the Motor Vehicles Act, 1988 , hereinafter referred to as 'the Act '. The claim case was filed by the widow of victim Gauri Shankar Prasad Gupta, who was driver of the vehicle which was insured with the appellant company. According to the stand in the claim case on 22.9.1998 the deceased after loading fertilizer on the Truck proceeded from village Narainpur Anant to Motihari town and while passing through village Kharik on National Highways No. 28 he was crushed under the wheels of big trailer having 14 wheels of another truck coming from behind. It is alleged that when the deceased was standing asking the Driver of another big trailer as to why he was taking side in rash manner, another trailer crushed the deceased at about 11.45 P.M.

(3.) LEARNED counsel for the Respondents, on the other hand, has submitted that under Section 140 of the Act, where death or permanent disablement of any person has resulted from an accident arising out of use of a motor vehicle or motor vehicles, owner of the vehicle shall, or, as the case may be, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this Section. He submitted that the words 'arising out of the use ' in Section 140 of the Act has been held to be very wide to include even such cases like one where the driver was engaged to drive the vehicle which was insured with the appellant -company and in course of his duty was crushed by other vehicle. In this regard, he placed reliance on the decision of the Division Bench of this Court in the case of National Insurance Company Ltd. V/s. Presiding Officer, Labour Court, Bokaro Steel City & Ors, reported in 2000(2) PLJR 806, and also on the decision of the Apex Court in the case of S.D. Patil & anr. V/s. Smt.Vatschala Uttam More, reported in 1991(2) T.A.C. 503. Learned counsel for the claimant -respondent submitted that in view of the recent Division Bench Judgment of this Cout in the case of Kanhai Rai & Ors. V/s. Dharampal & Ors, reported in 2001(3) PLJR 103 the claim for interim compensation cannot be defeated on the grounds as pleaded on behalf of the appellant at this stage.