ORIENTAL INSURANCE COMPANY LIMITED Vs. FIRANGI RAM

JUDGEMENT

(1.) HEARD learned counsel for the appellant Insurance Company as well as learned counsel for the respondents -claimants and also learned counsel for the respondent - owner of the vehicle.

(2.) THIS appeal is directed against the judgment dated 25.2.2004 passed by the learned Fast Track Court -I, Siwan allowing Claim Case No. 50 of 1981 and directing the Insurance Company to pay Rs. 4,21,000/ - as compensation alongwith interest. None of the parties challenge the quantum of compensation fixed by the learned court below or the interest fixed thereon. It is an admitted case that on 17.9.1981 the son, son -in -law and grandson of the claimants died in an accident caused by a truck bearing no. BRD 5159 which was owned by respondent no. 3.

(3.) LEARNED counsel for the appellant Insurance Company challenges the impugned judgment on three counts: - The first ground is that as per the provision of Bihar Motor. Vehicles Accident Tribunals Rules, 1961, such accident claim cases have to be decided by a Tribunal consisting of the District Judge or the senior most Additional District Judge specifically notified by the Government, and thus the Fast Track Court -I has got no such authority nor it has been notified as such by the State Government. Hence he submits that the impugned judgment has been passed without any jurisdiction. The second ground taken by the appellant is that the learned Fast Track Court has specifically found that owner of the vehicle has shown the documents with respect to payment of premium for the truck in question in the years 1982, 1985, 1986, 1987 and 1988 but no document has been produced with respect to any payment of premium or any insurance policy for 1981 as the date of accident is dated 17.9.1981. Hence, he submits that there was no material before the Tribunal to assume that on the date of accident the vehicle in question was insured. The third ground taken by the appellant is that on the date of accident and on the date of filing of the claim case in the year 1981 the provisions of the Motor Vehicles Act, 1939 (IV of 1939) was applicable and hence the provisions of the Act of 1988 were not applicable to the facts and circumstances of this case and thus according to Sections 95(1) and (2) of the old Act of 1939 the liability of the insurer was limited only upto Rs. 50,000/ - with respect to each of the deceased killed in the accident and the remaining amount had to be paid by the owner of the vehicle but the learned Fast Track Court has directed the entire compensation amount to be paid by the appellant Insurance Company.