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2016 DIGILAW 223 (ORI)

Sashirekha Barik v. Rabindra Mishra

2016-03-17

BISWANATH RATH

body2016
JUDGMENT : Biswanath Rath, J. This MACA arises out of an award passed by the Motor Accident Claims Tribunal -IV, Bhadrak in MAC Case No.04 of 2006 at the instance of the owner-appellant challenging the saddling of a part of the liability on the owner. 2. Short facts involved in the case is that one Ratan Kumar Mishra-the deceased while returning from Tihidi to Bhadrak in a Commander Jeep bearing Regd.No.OR-01F-5576 on 30.5.2005 at about 6 P.M, the Commander jeep met with an accident on the right side of the road due to rash and negligent driving of the driver of the said jeep. The deceased fell down and in the process sustained serious injuries on different parts of his body. The deceased was shifted to Tihidi C.H.C and during treatment, he succumbed to injuries. In the Claim Application, the legal representatives of the deceased claiming the earning of deceased Rs.3000/-per month who was a helper in a Truck had prayed for appropriate compensation. The owner as well as the Insurance Company contested the matter in filing the written statement and denied the claim made by the claimants. Upon hearing the parties, the Claims Tribunal after holding that the deceased suffered on account of rash and negligent driving of the driver of the vehicle and taking into consideration the Insurance policy, fixed joint liability on both the Insurance Company as well as on the owner of the vehicle and particularly fixing the liability on the Insurance Company at Rs.1,00,000/-(Rupees One Lakh) and the balance amount was directed to be paid by the owner. 3. In assailing the aforesaid impugned award, Mr. Satpathy, learned counsel appearing for the appellant-owner contended that the accident had taken place on 30.5.2005 and looking to the condition of the Insurance policy particularly looking to the limits of the liability on the Insurance policy, the limit of the Insurance Company was up to Rs.7,50,000/-(Rupees Seven Lakhs Fifty thousand) and thus contended that fixing of partial liability on the owner is erroneous and contrary to the conditions of the policy. 4. Mr. Khan, learned counsel appearing for the Insurance Company opposing the submissions of Mr. Satpathy, learned counsel for the owner contended that looking to the conditions in the Insurance policy, the Insurance Company had a limited liability and therefore there is no wrong committed by the Claims Tribunal in passing the impugned award. 5. 4. Mr. Khan, learned counsel appearing for the Insurance Company opposing the submissions of Mr. Satpathy, learned counsel for the owner contended that looking to the conditions in the Insurance policy, the Insurance Company had a limited liability and therefore there is no wrong committed by the Claims Tribunal in passing the impugned award. 5. Perused the pleadings of the parties before the Claims Tribunal. Also perused the discussion made by the Claims Tribunal as well as the findings. Looking to the Insurance policy involved in the matter appearing at Ext.C, this Court finds that there is clear mentioning of limits of the liability in the policy extending the liability of the Insurance Company up to Rs.7,50,000/-. Further this being an involvement of an accident on 30.5.2005, following the decision of the Hon’ble Apex Court in the case between National Insurance Co. Ltd. Vrs. Puja Roller Flour Mills(P) Ltd. and Others, reported in 2006 (2) TAC-499 (SC), there cannot be limited liability of the Insurance Company in respect of the Insurance policy after the 1989 amendment. Under the circumstances, this Court finds force in the submission of Mr.Satpathy, learned counsel appearing for the owner–appellant and consequently while interfering in the impugned judgment passed by the Claims Tribunal in MAC Case No.4 of 2006,this Court confirms the amount of compensation as against the claimants and saddles the whole liability on the Insurance Company-respondent No.5. Taking into consideration the submissions of the learned counsel appearing for the Insurance Company that the liability as fixed by the trial court has already been discharged by the Insurance Company, the balance amount along with interest @ 6% per annum from the date of application till the date of judgment and @ 7% per annum from the date of judgment till the date of payment be calculated, deposited and released in favour of the claimants within a period of six weeks hence. The impugned judgment is modified to the extent herein above. However; there is no order as to cost.