United Insurance Company Limited v. Bhujangrao Balaji Jadhav
2015-07-27
A.P.BHANGALE
body2015
DigiLaw.ai
JUDGMENT : 1. This appeal is filed challenging validity and legality of the Judgment and Order passed in Motor Accident Claims Petition No.183 of 1995 by the learned Member, Motor Accident Claims Tribunal, Amravati whereby the Tribunal directed two Insurance Companies including the appellant as well as the New India Assurance Company Ltd./respondent no.5 and the driver and owner of the offending motor vehicle i.e. truck No.PB-12/A-6517 to jointly and severally pay compensation in the sum of Rs.70,000/- together with interest @ 9 % p.a. from the date of petition till realisation of the compensation amount granted. 2. Mr. S.N. Dhanagare, learned Counsel fairly submitted that the appeal was dismissed as against respondent no.5 and the First Appeal filed by respondent no.5 i.e. First Appeal No.106 of 2005 was withdrawn by them as the said Insurer had already paid contribution in the sum of Rs.25,000/- together with interest payable under the Award impugned herein. 3. According to the learned Counsel, the offending motor vehicle allegedly dashed against a bullockcart and the accident resulted in death of two bullocks and damage to the bullockcart. It is contended that damage to the tune of Rs.6,000/- only could have been granted and premium paid to the policy (Exh.35) was only in the sum of Rs.1,245/-. Owner of the offending motor vehicle is vicariously liable for the accident that occurred on 2.6.1995 in the present case. This submission, however, could not be substantiated on the basis of policy (Exh.35) as no term or condition could be pointed out to limit monetary liability of the insurer to the sum upto Rs.6,000/- only. The Insurance Policy show that under Section II under head “Liability to Third Parties” provides that the Company will indemnify the insured in the event of accident caused by or arising out of use of motor vehicle anywhere in India against all sums including claimant's costs and expenses which the insured shall become legally liable to pay in respect of (i) death or bodily injury to any person caused by or arising our of the use (including the loading and/or unloading) of the motor vehicle and (ii) damage to property caused by the use (including the loading and/or unloading) of the motor vehicle. The Company is bound to pay all costs and expenses incurred with its written consent.
The Company is bound to pay all costs and expenses incurred with its written consent. Thus, the printed condition did not place any limitation of Rs.6,000/- as submitted by the learned Counsel for the appellant since it appears that compensation granted was in the sum of Rs.70,000/- only payable jointly and severally by respondent nos. 1, 3, 4 and 5 (against respondent no.5 appeal stood dismissed pursuant to order dt.18.1.2011) and it is submitted that the first Appeal filed by respondent no.5 namely First Appeal No.106 of 2005 is already withdrawn accepting finalty of the impugned Award and said respondent no.5 has paid its contribution in the sum of Rs.35,000/- together with interest awarded. That being so, in the facts and circumstances of the case, I do not find any reason to interfere with the impugned Judgment and Order awarding compensation of Rs.70,000/- only. Hence, the appeal is dismissed. No order as to costs.