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2016 DIGILAW 1792 (HP)

Oriental Insurance Company Ltd. v. Kewal Raj

2016-08-26

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. 1. All these appeals are outcome of a motor vehicular accident, which was allegedly caused by the driver, namely Shri Sobhia Ram, while driving Maruti Car, bearing registration No. HP-47-1975, rashly and negligently, on 19th September, 2009, at about 1.00 P.M. near Koti bridge, Tehsil Salooni, District Chamba, in which five persons sustained injuries and succumbed to the injuries. FIR No. 63/09 was registered at Police Station Sadar, Chamba, which ultimately resulted in the challan, but was not produced for the reason that the owner/insured-cum-driver also died in the said accident. 2. The claimants filed five claim petitions before the Motor Accident Claims Tribunal, Fast Track Court, Chamba (HP) (for short “the Tribunal”) for grant of compensation as per the breakups given in the respective memo of claim petitions, which came to be determined vide separate awards, dated 30th August, 2011 and 31st August, 2011 and the insurer was saddled with liability (for short “the impugned awards”). 3. The legal representatives of owner/insured-cum-driver and the claimants have not questioned the impugned awards on any count, thus, the have attained finality so far as the same relate to them. 4. In the facts and circumstances, I deem it proper to determine all these appeals by this common judgment. 5. The insurer has questioned the impugned awards by the medium of these appeals only on two grounds: (i) That more than prescribed and permitted passengers were travelling in the offending vehicle, thus, the accident was outcome of overloading; and (ii) That the amount awarded is excessive. 6. Both these arguments, though nicely presented and are attractive, are devoid of any force for the following reasons: 7. It was for the insurer to plead and prove that there was any connection between the accident and overloading of the offending vehicle and the overloading was the cause of the accident. The insurer has not led any evidence, thus, has failed to discharge the onus. 8. I have gone through the pleadings, evidence, oral as well as documentary, and the impugned awards and am of the considered view that the Tribunal has marshalled out and thrashed all the facts. There is not even a single iota of evidence on record to suggest that the accident was outcome of overloading. 8. I have gone through the pleadings, evidence, oral as well as documentary, and the impugned awards and am of the considered view that the Tribunal has marshalled out and thrashed all the facts. There is not even a single iota of evidence on record to suggest that the accident was outcome of overloading. Rather, the Tribunal has rightly held that the accident was outcome of rash and negligent driving of the offending vehicle by its driver. The Tribunal has also correctly held that the offending vehicle was duly insured at the time of the accident, the insurance policy was comprehensive policy and the risk was covered. 9. Having said so, the Tribunal has legally saddled the insurer with liability, needs no interference. 10. The amount awarded in all the impugned awards appears to be on lower side, but, unfortunately, the claimants have not questioned the same, thus, the same is, accordingly, upheld. 11. Having said so, the impugned awards are upheld and the appeals are dismissed. 12. The Registry is directed to release the awarded amount in all the appeals in favour of the claimants strictly as per the terms and conditions contained in the respective impugned awards through payee's account cheques or by depositing the same in their respective bank accounts. 13. Send down the record after placing copy of the judgment on each of the Tribunal's files.