ORIENTAL INSURANCE COMPANY LIMITED Vs. BIDESHI YADAV

JUDGEMENT

(1.) This appeal has been preferred against the judgment, dated 06.10.2007 passed by the Additional Motor Vehicles Accident Claims Tribunal,I, Chatra, in Claim Case No.6/2005, whereby appellant-Oriental Insurance Company Limited was directed to pay the awarded compensation of Rs.1,58,500/-with simple interest @ 8% per annum from the date of filing of the claim application along with cost of the suit.

(2.) Brief facts of the case is that deceased Lalu Yadav was travelling on the roof-top of the bus bearing registration No. BEM 4093 and he was electrocuted by the dangling electric wire while travelling atop the roof of the bus. Accordingly Hunterganj P.S.U.D Case No.3/95 was registered under sections 278 and 304-A of Indian Penal Code.

(3.) Learned counsel for the appellant-insurer while impugning the judgment/award has argued that admittedly the deceased was travelling on the rooftop of the bus. That in terms and conditions of the insurance policy, he was not a bona fide passenger and there has been breach of terms and conditions of the policy hence the liability to pay compensation should have been fastened upon the owner of the bus and not on the appellant-insurer. It is argued that the deceased was a bachelor and the Tribunal has erred in deducting only 1/3rd of the income towards personal expenses, whereas it is settled principle that in case of a bachelor 50% of the income should be deducted towards personal expenses while assessing the loss of dependency. It is submitted that since there has been violation of the terms and conditions of the policy, the appellant/insurer should be given the right to proceed against the insured/owner for recovery of the awarded compensation.