Oriental Insurance Co. Ltd. vs Abdul Rahman and Others

G.P. Mittal, J.—The Appellant Oriental Insurance Company Limited impugns the award dated 19.08.2010 passed by the Motor Accident Claims Tribunal (the Tribunal) on the ground that Jilajit Singh (Respondent No.3) did not possess a valid driving licence at the time of the accident, yet the Insurance Company was made liable to pay the compensation of Rs. 3,20,000/-. It was not given the right to recover the compensation ordered to be paid. It is averred that the compensation ordered to be paid is excessive.

Abdul Rahman (Respondent No.1) sustained injuries while he was riding on his bicycle on 04.12.2004 at 3:20 PM and proceeding to his house from Shastri Park. He was hit was a truck bearing No.DL-1LE-0578 while it was driven rashly and negligently by its driver Jilajit Singh, Respondent No.3.

Respondent No.1 suffered compound fracture of both bones in his left leg resulting into permanent disability of 35%. The Tribunal held that the accident took place on account of rashness and negligence on the part of the driver of truck number DL-1LE-0578 and awarded the compensation as under:-

1.

Compensation towards pain and suffering

Rs. 50,000/-

2.

Loss of amenities

Rs. 40,000/-

3.

Loss of income during treatment

Rs. 19,800/-

4.

Future loss in earning capacity due to disability

Rs. 1,02,960/-

5.

Attendant charges for four months ( Rs. 4,000/- per month)

Rs. 16,000/-

6.

Expenses towards medical bills

Rs. 60,325/-

7.

Reasonable future medical expenses

Rs. 15,000/-

8.

Compensation towards conveyance and special diet (without bills)

Rs. 15,000/-

TOTAL

rounded off

Rs. 3,19,085/-

Rs. 3,20,000/-

It is settled that the onus to prove that there was breach in the terms of the conditions of policy is on the Insurance Company. The Insurance Company did summon a witness from the Regional Transport Authority but preferred to close its evidence on 26.05.2010 without examining witness or without seeking any future opportunity for producing any evidence. The Appellant, therefore, cannot make any grievance against the Tribunal''s findings that the Appellant had failed to establish that there was violation of the policy condition to avoid liability u/s 149(2) of the Motor Vehicles Act. ( National Insurance Co. Ltd. Vs. Swaran Singh and Others, ).

The Appellant has failed to show as to how the compensation awarded was excessive or unreasonable. The award of compensation, therefore, cannot be interfered with.

The appeal is without any merit; the same is accordingly dismissed and the impugned award is confirmed.

Pending applications also stands disposed of.

Copy of the order be sent to the Trial Court for information.