National Insurance Co. Ltd vs Siban Devi And Ors

M.A. No. 82 of 2017

The National Insurance Company has preferred this appeal against the order dated 19.07.2016 passed in compensation case No.249 of 2013 whereby while deciding the petition under section 140 of the M.V. Act, the learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi has awarded compensation of Rs.50,000/- in favour of claimants.

Learned counsel for the appellant has assailed the impugned order on the ground that the deceased Pandu Oraon was a pillion rider on the motorcycle which met with an accident by unknown vehicle, as such, the claim ought to have been given under hit and run policy of the State Government. The Insurance Company may be absolved from liability of paying Rs.50,000/-which has been awarded as an ad-interim compensation under section 140 of the M.V. Act.

Learned counsel for the appellant has further submitted that there is delay of 122 days in preferring the appeal, for condonation of the same I.A. No.1424/17 has been filed. The reason has been assigned in paragraphs-2 to 5 of the interlocutory application, as such, the same may be condoned.

Heard, learned counsel for the appellant and perused the impugned order dated 19.07.2016 passed in Compensation Case No. 249/13. As per the case of the appellant, Pandu Oraon was a pillion rider on the motorcycle bearing registration no.JH-01AW-1293 which was driven by Pankaj Kachhap. As per the case of the appellant, the said motorcycle was hit by an unknown vehicle, as such, the case of Pandu Oraon will fall under the category of third party insurance so far motorcycle bearing registration no. JH-01AW-1293 is concerned. The same is rightly awarded by the learned Tribunal against the Insurance Company i.e. National Insurance Company Limited where the said motorcycle was insured.

Accordingly, the instant appeal being devoid of merit is hereby dismissed. The Registrar General of this Court is directed to refund/reimburse the statutory amount of Rs. 25,000/- deposited at the time of filing of the present appeal within a period of four weeks from the date of filing of the requisition by learned counsel for the appellant.

The limitation petition i.e. I.A. No.1424/17 is hereby closed as the appeal has been dismissed on merit.

M.A. No. 83 of 2017

The appeal has been preferred against the order dated 19.07.2016 in compensation case no.250/13 passed by Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi whereby ad-interim compensation under section 140 of the M.V. Act has been granted in favour of the claimants as the deceased Pankaj Kachhap, who was driving a motorcycle bearing registration no.JH- 01AW-1293 was hit by an unknown vehicle, died and the pillion rider Pandu Oraon also died.

Learned counsel for the appellant has submitted that since Pankaj Kachhap was driving motorcycle and was hit by an unknown vehicle, as such, the case fall under the category of hit and run policy of State Government and according to the scheme framed by the Government, compensation has to be paid by the Government not by the Insurance Company.

Learned counsel for the Insurance Company has further submitted that the claim of Pankaj Kachhap will fall under the personal accident coverage policy being stepped into the shoes of the owner, as such, claimants are only entitled for fixed amount under personal accident coverage.

Learned counsel for appellant has prayed that there is a delay of 122 days in preferring the appeal for condonation of the same I.A. No. 1429/17 has been preferred and the reason has been assigned in paras-2 to 5 of the Interlocutory Application.

Be that as it may since the ad-interim order has been passed by the learned Tribunal without recording evidence, as such, the appellant has all the liberties to implead State as a party and make such submissions and lead evidence to that effect so that the contention of the appellant with regard to the hit and run policy may be placed before the Tribunal for proper adjudication but since the motorcycle was driven by the driver who stepped into the shoes of the owner, as such, under the personal accident claim coverage of the insurance, the insurance company has been rightly made liable to pay compensation under section 140 of the M.V. Act, However such amount shall be subject to the adjustment at the time of final adjudication of the application under section 166 of the Motor Vehicle Act. Accordingly, the appeal is hereby dismissed.

Accordingly I.A. No. 1429/17 is closed as the appeal has been dismissed on merit.

The Insurance Company shall satisfy the award within a period of 60 days from today.

The statutory amount deposited by the Insurance Company at the time of preferring the appeal shall be refunded to the appellant Insurance Company within a period of four weeks from the date of filing of the requisition by the counsel for the appellant by Registrar General of this Court. However, the Tribunal shall consider all aspects of the matter while deciding the petition under section 166 of the Motor Vehicles Act.