ORIENTAL INSURANCE COMPANY LTD Vs. PARVATI PRAMANIK

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the judgment and award 11.9.2007 passed by the Addl. District Judge-cum- Motor Vehicle Accident Claims Tribunal, Seraikella in Compensation Case No. 27 of 2008 whereby he has allowed the claim application filed by the claimants-respondents and awarded a compensation of Rs. 1,22,000/- on account of death of the deceased in a motor vehicle accident.

(2.) The claimants, who are the parents of the deceased, filed the aforementioned claim case stating inter alia that on 11.6.1990 their son, Nimai Pramanik, along with other passengers were travelling in a bus bearing Registration No.BPS-9158. Because of rash and negligent driving of bus, it met with an accident and the deceased, Nimai Pramanik, succumbed to the injuries. The accident was reported to the Chandil Police Station and post mortem examination was conducted in Jamshedpur Medical College. The claimants stated that, the deceased was their only son aged about 16 years and was working as a supplier in a hotel at Jamshedpur and was earning Rs. 2400/- per month. The claimants further stated that on the date of accident, the claimant- mother was only 34 years of age. Because of death of their son, the claimants fell under mental shock which continued for a long time and, therefore, they could file the claim application only in the year 2005.

(3.) The appellant-Insurance Company contested the case by filing written statement stating inter alia that the accident was caused by a truck which struck the bus and after causing accident, the truck fled away. The appellant-Insurance Company also took a defence that the claim application is barred by limitation inasmuch as the claim case was filed after 15 years from the date of accident. The Tribunal framed as many as seven issues and decided all the issues in favour of the claimants. While deciding issue No. 1 regarding maintainability of the claim application, the Tribunal has also discussed the question of limitation raised by the appellant-Insurance Company. After referring relevant provisions of the Act and the amendment brought therein, the Tribunal held that the claim case is maintainable and the same cannot be rejected on the ground of limitation.