ORIENTAL INSURANCE CO LTD Vs. LALMUNI DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 20.6.1991 passed by Additional Claims Tribunal, Hazaribagh, in Compensation Case No. 63 of 1987 allowing the claim of the claimant-respondent No. 1 and awarding compensation of Rs. 95,000 together with interest at the rate of 12 per cent from the date of filing of the claim petition.

(2.) The claimant-respondent No. 1 filed the aforementioned case before the Claims Tribunal for the grant of compensation on account of death of one Surinder Prasad Gupta who died while travelling in a bus. According to the claimant on 12.5.1987 the deceased was travelling by Amit bus bearing registration No. BPQ 9900 and was going to Gaya from Ramgarh. It is alleged that when the bus reached near Masipirhi on the national highway it was being driven rashly and negligently and as a result of which it dashed against another bus coming from opposite direction. The impact of dashing was that the deceased died on the spot because of grievous head injury. The owner of the bus appeared and filed written statement stating, inter alia, that the death of the deceased was caused due to negligent and rash driving of an unknown coach bus which was not identified by anybody. The opposite party denied its liability for payment of any compensation. It is further stated that the vehicle was insured with Oriental Insurance Co. Ltd. by a comprehensive insurance policy and, therefore, the compensation, if any, is payable by the insurance company.

(3.) The appellant insurance company in its written statement took a general defence and stated, inter alia, that in any event the liability of the insurance company is limited to the extent provided under Section 95 of the Motor Vehicles Act, 1939. The learned Claims Tribunal on the basis of the case of the parties framed the following issues for determination: