ORIENTAL INSURANCE COMPANY LTD Vs. ANARWA DEVI

JUDGEMENT

(1.) Appellant Oriental Insurance Company Limited has brought the present appeal against the judgment dated 29.06.2009 and Award dated 16.11.2009 passed by the Motor Vehicles Claims Tribunal-cum-1st Additional District Judge, Sitamarhi in Claim case No. 31 of 2004/89 of 2007.

(2.) The short facts are that on 16.07.1999 Bus No. BR-06P/ 0095 met with an accident at about 8.00 P.M. in the district of Sarlahi located in Nepal. In the above accident one Deep Lal Thakur was initially injured and he succumbed to his injuries which led to institution of a claim case before the court of the Motor Vehicles Accident Claims Tribunal (hereinafter referred to as the Tribunal) at Sitamarhi. The Bus was carrying Baratis and on the way back to Sitamarhi, the accident happened. It is not in dispute that the accident did occur in the territorial jurisdiction of Nepal and not in India.

(3.) The Primary objection which has been raised against the Award is that the Indian court had no business to entertain a claim against the accident in question because the cause of action arose in Nepal. The liability of the insurance created due to issuance of cover note in India, will not extend the applicability of Indian law to the accident/incident which happened in Nepal. They also submit that the Insurance Company was hauled up by the Nepal authorities in Nepal and a sum of Nepali Rs.17,500/- was fixed as their liability. This payment was made by the Insurance Company. However, since the amount did not satisfy the claimants, a claim case was lodged at Sitamarhi.