National Insurance Company Ltd. vs Sanju Devi

Honourable Mr. Justice Shailesh Kumar Sinha

This appeal is directed against the order dated 5th of May, 2009 passed by the District Judge-cum-Motor Vehicles Accidents Claims Tribunal, Nalanda at Biharsharif (hereinafter referred to as `the Tribunal'') in Claim Case No.3 of 2009 allowing claim for compensation of Rs.1,54,500/- (Rupees one lac fifty four thousand five hundred) along with interest at the rate of 6% per annum from the date of filing of the claim application till the date of recovery from the insurer.

The appellant, who is insurer, being aggrieved by the said order has preferred this appeal. The short facts of the case are that the son of claimant no.1, namely, Shahil Kumar @ Chhotu had gone to Rajgir on 9th of November, 2008 on the occasion of Jarasandh Jayanti and gone near Jala Devi Temple. Further case is that at about 3.45 P.M., a Star Bus bearing No. BR-2H-1142 being driven by the Driver of the said bus in rash and negligent manner hit the said Shahil Kumar; with the result he sustained serious head injury resulting in his death.

The aforesaid Bus was insured with the appellant-Insurance Company. On the basis of the Fard beyan of the father of the deceased-claimant no.2, Rajgir P.S. Case No.144 of 2008 was registered for the offence under sections 279 and 304A of the Penal Code. The police after investigation submitted charge sheet against the Driver of the offending vehicle.

The claimants filed the aforesaid claim case claiming a compensation of Rs.2,00,000/- with interest at the rate of 9% per annum from the date of filing of the claim application till recovery. The opposite parties-owner, the Driver and the Insurance Company appeared. Besides the other pleas, a plea was taken that the bus was not having a valid permit. As such, there was a violation of the terms and conditions of the insurance policy. Accordingly, the claim for compensation was opposed.

The Tribunal upon considering the evidences on the record concluded that claimant no.1-mother of the deceased is entitled to the compensation and after making the calculation as detailed in paragraph 19 of the order under appeal directed for payment of compensation to the tune of Rs.1,54,500/- with interest at the rate of 6% per anum from the date of filing of the application till the date of recovery from the insurer.

Mr. Shailendra Kumar, learned counsel appearing for the appellant submits that the offending vehicle although was insured with the appellant-Insurance Company, but not having valid permit to ply the bus and, as such, the terms and conditions of the insurance policy were violated by the owner of the vehicle.

No one appears on behalf of the respondents.

Upon considering the submissions of the appellant, it would appear that on the basis of the evidences brought on the record, the claimants successfully established a case for compensation. The Tribunal taking into consideration the age of the deceased boy as eight years calculated the compensation taking the notional income of Rs.15,000/- per annum after making necessary deduction and after adding towards the loss of estate and funeral expenses, the compensation, as mentioned above, was allowed.

As regards the submissions of the learned counsel for the appellant-Insurance Company that the terms and conditions of the insurance policy were violated by the owner of the vehicle, in such circumstances, the appellant-Insurance Company may take recourse to law for recovery of the awarded compensation amount from the owner of the vehicle as per law. If the compensation amount as allowed by the Tribunal is not paid as yet, the same be paid within a period of two months from today.

As submitted by the learned counsel for the appellant, the statutory amount of Rs.25,000/- deposited in this appeal be remitted to the court below for eventual payment to claimant no.1.

For the reasons and discussion made above, the appeal stands disposed of with the above observations. No costs. Let the lower court records be sent down to the court below without delay.