ARUN KUMAR SINHA Vs. AMIT KUMAR SINHA

JUDGEMENT

(1.) The Claimants are the appellants before this Court. This appeal has been preferred against the award dated 29.06.2018 passed in Motor Accident Claim Case No.77/14 passed by learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribag whereby the Claimant's application has been dismissed by the learned Tribunal on the ground that owner of the vehicle (1st party of contract of insurance) has not been found to be Tort-Feasor. Hence, there arises no liability of insurer to pay any compensation under section 149 (1) of the Motor Vehicles Act , 1988. The insurer owes only duty to satisfy judgment/award against insured in respect of third party risk; where there found no liability. Hence no judgment against insured O.P.No.1 has been passed and the deceased is not the third party.

(2.) On that ground, learned counsel for the appellants Mr. Sanjay Kumar Pandey has raised substantial question of law before this court whether claimants who are the legal representative of the person/rider/owner of the motorcycle who lost his life because of his own fault or because of fault of motorcycle are entitled for any compensation or not? Learned counsel for the appellant Mr. Sanjay Kumar Pandey has assailed impugned award on the basis that claim Tribunal has not given any single farthing to the claimants even though the offending vehicle i.e. Bajaj Pulsur motorcycle bearing registration no. JH02J 8121 was insured before the National Insurance Company vide policy no. 17104/31/09/6200001924 valid from 29.01.2010 to 28.01.2011 and the unfortunate happening took place on 01.03.2010. Learned counsel for the appellant has thus submitted that claimants are entitled for compensation.

(3.) Learned counsel for the Insurance Company has fairly submitted that the impugned order is bad in law as the motorcycle was insured for compulsory accident to owner-cum-driver to the tune of Rs.1,00,000/- for which the premium has also been paid, as such, the amount of compensation to the tune of Rs.1,00,000/- ought to have been paid to the claimants.