NATIONAL INSURANCE COMPANY LTD Vs. BINA DEVI

JUDGEMENT

(1.) By filing this miscellaneous appeal, the appellant-Insurance Company has challenged the award dtd. 14/3/2016 passed by the Motor Accident Claim Tribunal No.III-cum-District and Additional Sessions Judge III, Dumka in Motor Accident Claims Case No.61 of 2012, whereby the Tribunal while allowing the claim application, has awarded a sum of Rs.15,51,000.00(Rupees Fifteen Lakh Fifty One Thousand) only in favour of claimants against all the opposite parties, with addition of simple interest @ 12% per annum from 18/10/2012, i.e., the date of filing of the application under Sec. 166 of the Motor Vehicle Act till its final payment or realization. Additional amount of Rs.20,000.00 was awarded as cost which includes Court Fee also and all the opposite parties, owner, driver and Insurer are jointly and severally directed to pay such awarded amount of Rs.15,51,000.00 (Rupees Fifteen Lakh Fifty One Thousand) only with interest and cost within 45 days from the date of receipt of the order. It was awarded that the National Insurance Company Ltd., being insurer, having statutory liability to indemnify the owner, must pay the awarded amount with interest and cost, by account payee cheque in the name of Claimants Nos.1 and 2 within 45 days from the date of receipt of the order, failing which the opposite parties shall be liable to pay penal interest @ 18% per annum and in such case the claimants shall be entitled to realize the same by due process of law.

(2.) Claimants-respondents Nos.1 and 2 filed a claim application seeking compensation before the Motor Accidents Claims Tribunal, stating that on 5/5/2009 at 07 p.m., in an Alto Car bearing registration No. JH 10K 4682, the deceased Nageshwar Singh along with one Sunny Kumar and others proceeded for attending marriage of their friend Soni Thakur to Godda. On their way, when they were near the turning of Village Khairbani, one unknown Bolero vehicle, driven in a rash and negligent manner, came from behind and dashed the Alto car from behind, due to which the Alto Car got badly damaged and persons travelling in it sustained serious injuries, while deceased Nageshwar Singh died. Sunny Kumar, who was driving the Alto Car became injured but out of fear, he even without giving information to anybody, left the place leaving the car in damaged condition. Later on his grandfather Kameshwar Mandal went to Police Station, where his fardbeyan was recorded on 10/5/2009 at 05.15 p.m. and on the basis of the same, Ramgarh Police Station Case No.43 of 2009 was registered under Ss. 279, 337, 338 and 304A of the Indian Penal Code against an unknown driver of an unknown Bolero Vehicle. After investigation, chargesheet No.34/10 was submitted against unknown driver of the unknown Bolero vehicle. It was the case of the claimants that the deceased was a labour and being the main earning member of the family, he was earning Rs.4,500.00 per month. The deceased left behind his parents. The deceased was aged 20 years.

(3.) Pursuant to notice issued by the Tribunal, the opposite parties appeared. Opposite Party No.1 being the owner of the vehicle filed his written statement wherein he admitted that the opposite party No.2 Sunny Kumar is the driver of the offending Maruti Alto Car. Though he admitted the fact of accident on 5/5/2009 but denied any injury caused to anyone in such accident including the deceased Nageshwar Singh. He further contended that his vehicle Maruti Alto Car was duly insured with the opposite party No.3 National Insurance Company Ltd. having Policy No.4175264 valid from 27. 05.2008 to 26/5/2009, thus all the liabilities including the liabilities arising from the injury or death of 3rd party is fully covered under the said insurance policy. He also contended that the accident occurred due to the act of one unknown Bolero vehicle and the claimants have knowledge about the same, but, they have not impleaded the owner, driver and insurer of the said Bolero vehicle.