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1995 DIGILAW 533 (PAT)

Manager, Oriental Insurance Co. Ltd. v. Mostt. Chameli Devi

1995-09-19

AFTAB ALAM

body1995
Order These three Misc. appeals arise from the same judgment and order dated 2.3.1994 passed by the Motor Vehicles Tribunal, Bhagalpur in Claim Case Nos. 37 and 38 of 1980. 2. Misc. Appeal No. 242/1994 has been filed by the insurers. The grievance of the appellants in this appeal is that the tribunal has not deducted the amount of Rs. 25,000/-, paid as no fault compensation, from the compensation amount of Rs. 1,50,000/- awarded by the judgment under appeal. 3. Mr. Ganpati Trivedi, learned counsel appearing in this appeal on behalf of the claimants-respondents fairly concedes that the appellants were entitled to the deduction as claimed by them. Thus appeal is, therefore, allowed with a direction that the appellants would be liable to pay to the claimants-respondents a sum of Rs. 1,25,000/- only after deducting the amount of no fault compensation paid by them. The claimants-respondents will be free to withdraw the sum of Rs. 25,000/- deposited by the appellants in this Court. The appellants will be entitled to adjust this amount also in the final payments to be made to the claimants-respondents. 4. Misc. Appeal No. 257/1994 has been filed by the claimants. In this appeal grievance is made that the tribunal has awarded interest (@ 12% on the awarded amount-now standing at Rs. 1,25,000/-) from the date of the judgment and not from the date of the filing of the claim application. 5. Having heard learned counsel for the appellants and Mr. Ajay Kumar on behalf of respondents 2 and 3 (the insurers) and having perused the judgment and the order sheet, I am of the opinion that the claimants' grievance is well founded. The proceedings in the claim case lingered on for four years for no fault on the part of the claimants and, in my opinion, the claimants were entitled to interest at the rate directed by the tribunal from the date of the filling of the claim application. The judgment and order of the tribunal is accordingly modified. 6. Misc. Appeal No. 243/1994 is another appeal filed by the insurers against the same judgment. It relates to the payment of a compensation of Rs. 30,000/- as damages caused to the jeep. In the accident giving rise to the claim cases a maxi taxi had collided with jeep. The accident led to the death of the jeep driver and also caused damages to the jeep. It relates to the payment of a compensation of Rs. 30,000/- as damages caused to the jeep. In the accident giving rise to the claim cases a maxi taxi had collided with jeep. The accident led to the death of the jeep driver and also caused damages to the jeep. The tribunal has found that the accident had occurred due to the negligence of the maxi taxi driver and the owner of the maxi was, therefore, initially liable to pay compensation both for the death of the driver of the jeep as also for the damages caused to the jeep. The tribunal has assessed the damages caused to the jeep at Rs. 30,000/-. On the question of the liability to pay, it has directed the Insurance Company to make payment of the entire amount of Rs. 30,000/-. This is apparently on the a that the maxi taxi was comprehensively insured. 7. The insurance policy is Ext. 7 and a perusal of the policy makes it clear that though the liability under the insurance policy was for any death or injury caused by the vehicle, there was no insurance cover for any damage to any third party property. In the absence of any insurance against any damage to third party property, the Insurance Company would still be liable in terms of Section 147 of the Motor Vehicles Act but in that case its liability would be limited to the statutory amount of Rs. 6,000/- as provided in clause (b) to sub-Section (2) of Section 147. Therefore, the appellants-insurers in this case could be only directed to pay a sum of Rs. 6,000/- to the owner of the jeep towards the total compensation of Rs. 30,000/-. The remainder amount of Rs. 24,000/- would, therefore, be realisable from the owner of the maxi taxi who has not appeared in this appeal despite valid service of notice and against whom this order is being passed ex parte. 8. The aviator will be entitled to withdraw a sum of Rs. 6,000/- from the amount deposited by the appellants in this Court. The remainder amount of Rs. 9,000/- will be refunded back to the appellants. 9. In the result, all the three appeals are allowed and the judgment and order of the tribunal is modified to the extent indicated above.