National Insurance Co. Ltd vs Jaharun Bibi And Ors

I. A. No. 8499 of 2017

Heard, learned counsel for the appellant, Mr. Alok Lal and learned counsel for the respondents Mr. Pratiush Lala.

The appellant has preferred this Miscellaneous Appeal with delay of 47 days, for condonation of the same I. A. No.8499 of 2017 has been filed.

Considering the reason assigned in paragraph nos.3 to 8 of the Interlocutory Application the delay of 47 days in preferring the instant Miscellaneous

Appeal is hereby condoned.

Accordingly, I. A. No.8499 of 2017 is allowed.

M. A. No. 617 of 2017

Heard, learned counsel for the appellant, Mr. Alok Lal and learned counsel for the respondents Mr. Pratiush Lala.

This Miscellaneous Appeal has been preferred against the award dated 31.05.2017 passed in Title (M.V.) Claim case No.31 of 2009 passed by

learned District Judge-V-cum-Presiding Officer, Motor Accident Claims Tribunal, Dhanbad, whereby compensation to the tune of Rs.1,00,000/- has

been awarded in favour of the claimants to be paid within a period of three months failing which the claimants will be entitled for interest from the

date of the order.

Learned counsel for the appellant has assailed the impugned award on the ground that (i) the claim application should not have been treated under

Section 163(A) of the Motor Vehicle Act, (ii) the person has suffered accident because of his own negligence, (iii) though the Tribunal has decided

the issue no.I regarding maintainability of application against the claimants but even then directed the Insurance Company to pay the amount to the

claimants.

Learned counsel for the respondents, Mr. Pratiush Lala has opposed the prayer and has submitted that it is a case where the deceased, Sheikh Sakur

sustained injury, while he was driving his Motor Cycle bearing Registration No.Jh-10F-8363(Hero Honda), in protecting a goat, collided the motorcycle

with tree causing injury resulting into loss of his life. Learned counsel for the respondents has further submitted that vehicle motorcycle was duly

insured before the National Insurance Company vide Policy No.170303/31/06/6200000603 for the period from 17.05.2006 to 16.05.2007 and the

occurrence took place on 20.02.2007, as such, it was within the period of policy.

Learned counsel for the respondents has further submitted that there was a personal accident coverage in the Insurance Policy, as such, learned

Tribunal has rightly granted Rs.1,00,000/- in favour of the claimants.

Heard, learned counsel for the appellant and learned counsel for the respondents and perused the materials brought on record including the impugned

award. It appears that the certified copy of the First Information Report, driving licence of victim, Postmortem report and Insurance Policy have been

brought on record. It is admitted that vehicle was insured and there was a personal accident coverage of the insured, who sustained injury after hitting

a tree. The learned Tribunal has considered the issue of maintainability in its impugned order by stating that though the claim application is not

maintainable but being a social welfare legislation taking contractual obligation in consideration, the Insurance Company is directed to pay

Rs.1,00,000/- to the claimants within a period of three months from the date of award, which is 31.05.2017 failing which interest shall be payable.

Needless to say that the Insurance Company has not discharged obligation by paying such amount. The learned Tribunal has not paid the interest from

the date of filing of the application, rather taken a lenient view against the Insurance Company by directing them to pay the compensation within three

months, failing which the Insurance Company is liable to pay the interest.

Accordingly, considering no merit in the appeal the same is hereby dismissed with direction to the Insurance Company to pay interest @ 7.5% per

annum from the date of filing of the application till its realization in view of judgment passed by Apex Court in the case of Dharmpal and Sons Vs.

U.P. State Road Transport Corporation [2008 (4) JCR 79 (SC)] within a period of 90 days from today.

Accordingly, the appeal is hereby dismissed with aforesaid directions. The statutory amount deposited by the Insurance Company shall be returned by

the Registrar General of this Court through the counsel for the appellant within a period of four weeks from the date of filing of the requisition.