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Judgment
Heard, learned counsel for the appellant.
The National Insurance Company Limited has preferred this appeal against the interim award passed by the learned District Judge-IV-cum-MACT
Judge, Dhanbad in T(M.V) Case No.171 of 2013 whereby the claimant, Smt. Kalpana Sharma has been awarded interim compensation to the tune of
Rs.50,000/- under Section 140 of the MV Act .
Learned counsel for the appellant has submitted that on 30.11.2010 at about 7:00 P.M. the deceased- Sonu Kumar Sharma was travelling by Hero
Honda Motorcycle bearing registration No.Jh-10U-0383 (which belongs to his brother- in-law namely, Mr. Pawan Kumar Sharma) from Barkattha to
Maithan and when he reached at Village- Madaidih he was hit by unknown truck on G.T. Road due to which Sonu Kumar Sharma sustained grievous
injury and died in-course of treatment at Bokaro General Hospital, Bokaro.
Learned counsel for the appellant has further submitted that FIR has been lodged vide Topchanchi P.S. Case No.116 of 2010 dated 01.12.2010, under
Sections 279, 338 and 427 IPC against the driver of the unknown truck and against the motorcycle rider. The investigation was launched and
concluded in final form.
Learned counsel for the appellant has further submitted that though it is a case of hit and run by unknown offending truck, but the motorcycle bearing
registration no. JH-10U-0383 on which deceased- Sonu Kumar Sharma was riding was insured before the appellant- Insurance Company i.e. National
Insurance Company Ltd. vide Policy No. 170304/31/10/6200001562 for the period from 17.11.2010 to 16.11.2011.
Learned counsel for the appellant has further submitted that Insurance Company can only be fastened with the liability under the personal Assurance
scheme as the offending truck was unknown and it is a case of hit and run, as such, in view of the judgment passed by the Hon'ble Apex Court in the
case of Ramkhiladi vs. The United India Insurance Company Limited, reported in 2020 (2) SCC 550, the maximum compensation which can be
awarded under the personal Assurance scheme is Rs.1 lac for which the premium has been paid to the Insurance Company, but the learned Tribunal
has directed to pay the interim compensation against the appellant which is not sustainable in the eyes of law which should have been awarded against
the offending vehicle, but as the offending vehicle was unknown it should have been awarded by the state under the hit and run scheme.
Considering such submission of the appellant, this Court is not inclined to interfere with the impugned award as interim order has been passed under
Section 140 of the MV Act granting amount of Rs.50,000/- to the claimant. Accordingly, the instant appeal being devoid of merit is hereby dismissed.
However, the appellant is at liberty to agitate the issue in the main application, if filed by the claimant under Section 166 of the MV Act. If the claim
application has not been filed under Section 166 MV Act, it is incumbent upon the District Legal Services Authority to enquire into the matter that
whether claimant- Smt. Kalpana Sharma needs some legal aid? and act in accordance with law.
The statutory amount deposited by the appellant at the time of filing of the instant appeal shall be remitted to the court below for disbursement or
indemnifying the part of the award by the learned Tribunal to the claimant- Smt. Kalpana Sharma after proper verification and identification and the
Insurance Company shall also pay Rs.25,000/- in favour of the claimant within a period of 90 days from today.