DILIP KUMAR SAHA Vs. RUNNU SARKAR

JUDGEMENT

(1.) This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), only by the owner of the vehicle against the award dated 12.3.1992 passed by the Accidents Claims Tribunal, Dhanbad, in Title (Motor Vehicle) Suit No. 58 of 1989.

(2.) The appellant is the owner of a truck bearing No. BRY 7343 which was insured with Oriental Insurance Co. Ltd. (respondent No. 2). The said vehicle met with an accident resulting in death of three persons including one Shiban Kumar Sarkar. The present case relates to the claim made by his widow, Runnu Sarkar (respondent No. 1). On appreciation of the evidence the court awarded a sum of Rs. 2,88,000/- out of which the respondent insurance company was directed to pay Rs. 1,50,000/- and the rest amount of Rs. 1,38,000/- has been held to be the liability of the appellant. The Tribunal has not assigned any reason for making this apportionment.

(3.) Mr. Lal, learned Counsel appearing for the appellant, has assailed the aforesaid apportionment by asserting that under the facts and circumstances of the case, it was incumbent upon the Tribunal to fasten the entire liability on the insurance company. To substantiate his stand, he has referred to various paras Of the written statement filed by the appellant and the respondent insurance company. His main ground is that despite the furnishing of the policy number and other particulars in the written statement filed by the appellant, the insurance company has neither filed the insurance policy nor had anywhere pleaded that the insurance policy extended only to the minimum statutory liability. Therefore, according to him, the Tribunal ought to have drawn adverse inference and held the insurance company liable for paying the entire amount of compensation. In support of the said submission, he has placed reliance on various judicial pronouncements.