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1996 DIGILAW 88 (PAT)

Oriental Insurance Co. Ltd. v. Jagdeo Paswan

1996-02-07

D.S.DHALIWAL

body1996
Order Heard counsel for all the parties. 2. This order will also dispose of M.A. Nos. 260, 261, 262 and 263 of the year 1993 as these are directed against one and the same order dated 15.5.93 passed by Additional District Judge, 2nd Court, Patna, exercising powers of Motor Accident Claims Tribunal whereby he directed the appellant Oriental Insurance Company to pay compensation of Rs.25000/- each in respect of claim case nos. 101/92, 113/92 and 131/92 and Rs.12000/- each in claim case nos. 129/92 and 130/92 by way of no fault liability. 3. All the aforesaid claim cases arose out of an accident which took place on 29.5.92 due to collision between Maxi Taxi No. BR-25-1121 insured with the appellant Insurance Company and Truck bearing No. BEO 7141 insured with the respondent, New India Insurance Company. In the accident a number of persons died and received injuries. Claim Petition Nos. 101, 113 and 131 of year 1992 were preferred by the legal representatives of three dead passengers, whereas Claim Petition Nos. 129 and 130 of year 1992 were filed by the two injured for their personal injuries. 4. Contention of the counsel for the appellant is that since the accident took place as a result of head on collision between two vehicles, it is yet to be determined as to on whose negligence the accident had occurred. It is also contended that in the claim petitions the petitioners have attributed negligence to the driver of the truck which vehicle was insured with the New India Insurance Company, but the appellant Insurance Company has been directed to pay the entire amount of the liability by way of interim relief. On the other hand, counsel for the New India Insurance Company has contended that as the owners are jointly and severally liable under Section 140 of the Motor Vehicles Act, therefore, no fault can be found with the impugned order. 5. After going through the records and considering the contentions raised above, I find that this is a case of collision between two vehicles insured with two different Insurance Companies. The extent of the liability of both the drivers for causing the accident will be determined only after the parties have led evidence on this point. 5. After going through the records and considering the contentions raised above, I find that this is a case of collision between two vehicles insured with two different Insurance Companies. The extent of the liability of both the drivers for causing the accident will be determined only after the parties have led evidence on this point. In this situation, to my mind the proper course for the court below was to direct both the Insurance Companies to equally share the amount of no fault liability, subject to the final determination at the time of passing of the award. It is also contended that injuries suffered by the injured claimants are not the one resulting in permanent disability and, as such, these claimants are not entitled to interim compensation by way of no fault liability. Herein in this respect, counsel for the claimants has drawn my attention to the injuries received by both the injured claimants which include fractures of severe nature. 6. Thus, prima facie the injuries appear to be one falling within the definition of permanent disability appearing in Section 142 of the Motor Vehicles Act. 7. In the result, the appeal is partly allowed and the order of the court below is modified to the extent that interim compensation awarded by it shall be paid 50 percent each by both Insurance Companies, subject to final adjudication at the time of passing of the award. The appellant Insurance Company is already said to have deposited 50 percent of the compensation awarded by the lower court. Let it be withdrawn by the respondents claimants. The respondent New India Insurance Company is directed to make payment of 50 percent of the compensation amount to the claimants through Account Payee cheques within four weeks. There shall be no order as to costs.