ORIENTAL INSURANCE CO LTD Vs. NEELU DEVI

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the award passed by Additional District Judge, Fast Track court No. III-cum-Motor Accidents Claims tribunal, Jamshedpur in Compensation case No. 38 of 2001 on 4. 4. 2006, whereby and whereunder, the appellant Oriental insurance Co. Ltd. , was directed to pay a sum of Rs. 5,60,000 to the claimants-respondent Nos. 1 to 4 (third party) by indemnifying the owner of the insured vehicle and satisfying the claim of the claimants minus the amount already paid to the claimants as interim compensation with the interest thereon at the rate of 6 per cent per annum since 22. 5. 2001.

(2.) THE brief fact of the case was that one Omprakash Verma (since deceased)was travelling in an Ambassador car on 1. 4. 2000 with four other co-passengers. At about 6 p. m. Ambassador car collided with the offending truck bearing registration no. MP 26-D 0470, allegedly being driven by the driver Harinaryan Yadav alias Harinath Yadav, respondent No. 6, rashly and negligently as a result of which all the five occupants of Ambassador car including omprakash Verma sustained grievous injuries. The driver and the cleaner of the offending truck escaped leaving behind the offending truck abandoned at NH 33 on its own fate. Injured Omprakash Verma was taken to RMCH, Ranchi for better treatment of his injuries but he succumbed on 9. 4. 2000. Pursuant to such accident, a criminal case vide Bundu P. S. Case No. 28 of 2000 was instituted on 1. 4. 2000 itself for the offence under sections 279/338/427/304-A of the Indian Penal Code.

(3.) THE owner of the offending truck shyamsundar Choudhary, respondent No. 5, appeared before the Motor Accidents claims Tribunal and pleaded that his vehicle was covered under a policy of the appellant Oriental Insurance Co. Ltd. , valid from 29. 5. 1999 to 28. 5. 2000 and that date of accident of his truck, viz. , 1. 4. 2000 was covered therefor and the insurer appellant herein was liable to indemnify the insured by compensating the claimants third party.