The Oriental Insurance Co. Ltd vs Smt. Sabitri Das & Ors
2023 Latest Caselaw 177 Cal

    11
06.01.2023
Ct. No.237
    pg.
                          IN THE HIGH COURT AT CALCUTTA
                             CIVIL APPELLATE JURICTION
                                   APPELLATE SIDE

                                  FMA 368 of 2008

                           The Oriental Insurance Co. Ltd.
                                         Vs.
                               Smt. Sabitri Das & Ors.



                    Mr. Parimal Kumar Pahari
                          ... For the appellant/ Insurance Co.


                    On prayer, learned advocate on behalf of the

             appellant/Oriental    Insurance   Company       Limited   has

             received one copy of the Paper Book from the records of

             the Court.


                    Mr. Parimal Kumar Pahari, learned advocate, on

             behalf of the appellant/Oriental Insurance Company

             Limited appears but none appears on behalf of the

             respondents in spite of repeated calls.

The appeal is taken up for disposal on merit as it is

pending since 2008.

Heard learned advocate appearing on behalf of the

appellant/Oriental Insurance Company Limited.

This appeal is directed against the judgment and

award passed on 22nd May, 2007 by the learned Judge,

Motor Accident Claims Tribunal, Additional District Judge,

4th Court, Paschim Medinipur, in connection with MAC

Case No.662 of 2005 under Section 166 of the Motor

Vehicles Act, 1988.

The claim petition was filed on account of death of

one Debasish @ Pralhad Das in a motor accident by the

involvement of two vehicles, i.e., one Motor Cycle, bearing

registration no.WB-34L/6065 and one Bus, bearing

registration no.WB-11/8831 occurred on 9th April, 2005 at

Midnapore Town about 1.00 p.m. at the relevant point of

time the deceased Debasish @ Pralhad Das was driving the

aforesaid motor cycle with a pillion rider, i.e., his elder

brother through Ranjgunj-Midnapore Road. Suddenly, the

aforesaid bus coming from opposite side with a high speed

collided with that motor cycle. In effect, both the driver

and the pillion rider of the motor cycle died on spot.

According to the claimants, Debasish @ Pralhad Das had a

business of betel shop and having income of Rs.4,000/- to

Rs.4,500/- per month. Accordingly, the claimants prayed

for compensation to the tune of Rs.5,50,000/-.

The appellant/Oriental Insurance Company

Limited contested the case by filing written statement

denying all material allegations in the claim petition

contending, inter alia, that the Insurance Company had no

liability to pay compensation.

In course of trial, two witnesses were examined.

Both the witnesses corroborated the averments of the

claim petition.

Learned Judge of the Tribunal after considering

the entire evidence on record, returned his finding to the

effect that the death of the deceased was due to head-on

collision of the two vehicles and both the vehicles were

insured with the National Insurance Company Limited and

the Oriental Insurance Company Limited, respectively, and

both the Insurance Companies are liable to pay

compensation equally. Accordingly, the learned Tribunal

directed both the Insurance Companies to pay

Rs.75,000/- each after deducting Rs.50,000/- which was

already paid to the claimants by the Insurance Companies

in equal share under Section 140 of the Motor Vehicles

Act, 1988.

Mr. Pahari, learned advocate appearing on behalf

of the appellant/Oriental Insurance Company Limited

submitted that the appeal has been preferred only on the

ground of liability of the Insurance Company as the policy

was not covered for the owner's risk as it was a policy of

third party risk. Mr. Pahari has tried to establish that if

the owner is not covered in the policy, the Insurance

Company is not liable to pay as in this case the

owner/driver of the motor cycle died in the accident and

that motor cycle was insured with Oriental Insurance

Company Limited.

But, on careful perusal of the policy (Ext.-A), I find

that the insurance policy received premium of Rs.50/-

towards personal accident coverage. Therefore, I am

unable to accept the argument advanced on behalf of Mr.

Pahari as the insurance policy itself shows the insurance

coverage for the owner/driver of the motor cycle to the

extent of Rs.1,00,000/-.

In this case, liability of the Oriental Insurance

Company Limited was assessed at Rs.1,00,000/- in total

by the learned Tribunal.

In the factual situation, I find no merit in the

appeal. Accordingly, the appeal fails and stands dismissed.

It is reported that the appellant/Oriental Insurance

Company Limited has already deposited the entire amount

as awarded by the learned Tribunal to the office of the

learned Registrar General of this Court.

In such circumstances, the respondents/claimants

are entitled to withdraw the amount with accrued interest

from the office of the learned Registrar General.

The learned Registrar General is requested to

disburse the amount with accrued interest to the

respondents/claimants in the manner as prescribed in the

order of the learned Tribunal on proper identification.

With the above observation, the appeal, being FMA

368 of 2008, is disposed of on merit.

All pending applications, if there be any, stand

disposed of.

Records of the learned Tribunal along with a copy

of this order be transmitted back immediately.

Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of

necessary formalities.

(Bibhas Ranjan De, J.)