ORIENTAL INSURANCE COMPANY LIMITED Vs. NARINDER KOUR

JUDGEMENT

(1.) This appeal is directed against the award dated 7-5-1992 given by the learned Presiding Officer, Motor Accidents Claims Tribunal, Ramban, whereby he fastened the liability of the appellant to the extent of Rs. 50,000/- with interest @ 6% per annum till 1988 and thereafter @ 12% per annum till the payment is made. The appellant is the insurer of the offending vehicle tourist Bus No. 4199 JKN, which was owned by respondents 7 and 8. This accident took place on 24-3-1974 (about 23 years ago)on the Jammu-Srinagar National Highway at a place known as Digdol. Deceased Attar Singh was a contractor by profession and aged about 33 years. He was travelling as a passenger in the said bus, when the accident took place and died instantaneously.The accident was the result of rash and negligent driving of the said vehicle by respondent No. 5 (Om Parkash). Respondent No. 1 herein is the unfortunate widow and Respondents 2, 3 and 4, the unlucky orphans of the said deceased. Deceased Attar Singh was the sole breadwinner of the family. The mother of the deceased pined away with grief and met with untimely death because she could not bear with the shock.

(2.) The claim petition was originally filed on 1-5-1974 in the J. and K. Tribunal and when it was bifurcated, the trial commenced in the Divisional Tribunal. After the creation of District Tribunal, it was transferred to Claims Tribunal, Bhaderwah. After sometime, additional Claims Tribunal was created for Ramban where the final trial was held. Thus, after a protracted trial of the proceedings for 18 years, the claim petition was decided on 7-5-1992 and the claim compensation was assessed at Rupees Three Lakhs Sixty Thousands with costs and the interest as stated above. On the basis of the terms of the insurance policy, the limit of the appellant-insurer to pay the claim compensation was fixed at Rupees 50,000/- along with interest as stated above.

(3.) The insurer through the medium of this appeal has challenged the above stated findings of the Claims Tribunal on the grounds that the deceased Attar Singh was a passenger in the offending vehicle and in terms of Section 95(2)(b)(i) (4) of the Motor Vehicles Act, the liability of the insurer was only Rupees 5,000/-. On facts, it is also pleaded that the learned Presiding Officer had fell into error, when he ignored to apply Clause II-I (i) of the policy of the insurance which provided for the limits of liability in respect of death or bodily injury to any person caused by or arising out of the use of motor vehicle but he wrongly applied Clause II-I (ii), which pertains to damage to property caused by the use of motor vehicle. It is further submitted in para No. 9 of the memo of appeal that overall liability of the appellant in respect of any number of claims in connection with any one such vehicle arising out of one cause was Rs. 50,000/-.