ORIENTAL INSURANCE COMPANY LTD Vs. HEMBALA DEVI

JUDGEMENT

(1.) THIS appeal by the appellant-Insurance company is directed against the judgment and award dated 22nd September, 2003 passed by Motor Accident Claims Tribunal, Dhanbad in Title (M. V.) Suti No. 31 of 2002 whereby compensation of Rs. 3,44,500/- has been awarded against the appellant on account of death of Mithu Mahato caused in a motor vehicle accident.

(2.) THE facts of the case lie in a narrow compass: deceased Mithu Mahato happened to be driver of Maruti van bearing Registration No. BR 36-5678 owned by Goutam Kumar Roy. According to the claimants, the deceased took the vehicle from the owner to attend a marriage ceremony and went along with subodh Mandal, Ashok Kumar Jha and Kanai prasad Poddar towards Chirkunda on 3rd April, 2000. When the deceased driver did not return till 7th April, 2000, respondent-owner of the maruti Van lodged an F. I. R. with Nirsa Police station. On the basis of the F. I. R. , a criminal case was instituted. During investigation, police recovered the dead body, which was identified by the father, who is the claimant. The police in the charge-sheet mentioned that the above three named persons, who were going alongwith the deceased, had murdered him.

(3.) THE respondent, who is owner of the vehicle, contested the case by filing written statement stating, inter alia, that the vehicle was insured with the appellant-Insurance company, which is liable to pay the compensation. The appellant-Insurance company, on the other hand, contended that the claimants are not entitled to any compensation on the grounds, inter alia, that the owner of the vehicle lodged F. I. R. with the police against the deceased-driver and his associates alleging therein that his Maruti van was stolen away. Further case of the insurance Company was that the Maruti Van was a private vehicle, but the same was being used by the owner on hire.