United India Insurance Co. Ltd. v. Mongsenba @ Mongsensari @ Mongsen Lkr. , C/o A. Yanger Jami
2017-05-22
SONGKHUPCHUNG SERTO
body2017
DigiLaw.ai
JUDGMENT & ORDER : 1. This is an appeal under section 173 of the Motor Vehicle Act, 1988, directed against the judgment and order dated 09.12.2014, of the learned Member MACT, Dimapur, passed in MAC Case No. 71/2012. 2. The main ground on which the appellant who is the Insurance Company has approached this Court is that under the Insurance Policy which the Driver-cum-owner of the offending vehicle had at the time of accident, and on which basis the learned Tribunal had directed the insurance Company to indemnify the driver-cum-owner of the vehicle which met the accident and because of which the respondent No.1 suffered injuries did not cover passengers of the vehicle, therefore, the learned Tribunal had erred in directing the appellant i.e. Insurance Company to indemnify the award granted to the respondents/claimants. 3. Heard Mr. P.B. Paul, learned counsel for the appellant and also heard Mr. Imkong Jamir, learned counsel for the respondents No. 1 & 2. 3. After going through the record of the Motor Accident Claims Tribunal, particularly the Insurance Policy in this case, I find that the Insurance Policy covered only the driver-cum-owner and a workman of the offending vehicle Maruti Alto Registration No. ML-05-2397. Both the learned counsels also agreed that the Insurance Policy filed and exhibited before the learned Tribunal does not cover the passengers or any other person(s) travelling in that car with the owner. In view of this, there is no need of going any further on the appeal. Therefore, the judgment and order dated 09.12.2014, is quashed and set aside. However, Motor Vehicle Act being benevolent and beneficial legislation whatever amount that has been given to the victims/the claimants need not be returned by the respondents. With this, the MAC Appeal is disposed. Send down the LCR forthwith.