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Judgment
Defect No. 1 and 3 are ignored for the present.
We have heard Mr. G.C. Jha, learned Counsel appearing for the Insurance Company and Mr. Ananda Sen, learned Counsel appearing for the respondents & cross-objectors.
This appeal has been filed by the appellant-Insurance Company against the impugned judgment and award passed by the Additional District Judge cum Motor Accident Claims Tribunal in Compensation case No. 191 of 2005 by which a sum of Rs. 57,000/- was awarded for the death of the deceased aged about 70 years old.
Mr. Jha, learned Counsel appearing for the Insurance Company assailed the impugned award mainly on the ground that the appellant-Insurance Company deputed a surveyor who verified the document of the offending vehicle and it was transpired that the said registration No. of the truck belongs to a Bajaj Chetak Scooter. On that ground the Insurance Company disowned its liability.
The facts of the case is that the offending vehicle was carrying petroleum product which dashed against a road side tree as a result of which the gas leaked out from the gas tanker with bursting sound causing death of about 6 persons.
Before the Tribunal the only defence taken by the Insurance Company is that since the vehicle was carrying petroleum product which falls within the class of hazardous goods, so extra premium ought to have been paid by the owner of the vehicle. No such defence was ever taken by the Insurance Company . The Tribunal, therefore, passed the impugned judgment holding the appellant-Insurance Company liable to pay compensation. It is worth to mention here that in other Claim cases also the Tribunal passed the award and against one of such award the appellant preferred appeal before this Court being M.A. No. 269 of 2008 which was dismissed on 4.11.2009 by passing the following order:
I.A. NO. 3140 of 2009
Heard the counsel for the parties in the limitation matter.
There is delay of 57 days in filing the appeal, which has been explained. Hence, the application is allowed and delay in filing the appeal is condoned.
The I.A. stands disposed of.
M.A. No. 269 of 2008
This is an appeal filed by the appellant-Insurance Company challenging the judgment and award passed by the Tribunal whereby a meager amount of Rs. One lakh for the death of an infant child in a motor vehicle accident has been awarded.
Admittedly the vehicle was insured with the Insurance Company. But the defence taken by the Insurance Company is that the vehicle was carrying petroleum product which falls in the class of hazardous goods, so extra premium ought to have been paid by the owner of the vehicle.
Admittedly the accident caused the death of a third party and it was mandatory for the Insurance Company to issue at least third party policy.
By that as it may, we do not find any reason to enter into all these controversies. The judgment and award passed by the Tribunal needs no interference by this Court. This appeal is dismissed.
As prayed by Mr. Jha, learned Counsel appearing for the appellant-Insurance Company the statutory amount is permitted to be withdrawn.
This Court takes judicial notice of the fact that the it has become the practice of the Insurance Company to depute a surveyor and make investigation only after the Tribunal passes judgment and awards compensation.
Even in the instant appeal no such application for adducing additional evidence has been filed.
In that view of the matter, we do not find any reason to interfere with the award passed by the Tribunal. This appeal is dismissed.
So far Cross Objection is concerned, we find that the Tribunal has taken notional income as because the deceased was 70 years old and on the basis of the notional income the Tribunal assessed Rs. 75,000/- and by deducting 1/3rd the compensation to be paid has been fixed as Rs. 50,000/- together with additional amount of Rs. 7000/-.
Considering the facts of the case, we are of the view that 1/3rd of the compensation amount ought not to have been deducted and at least the claimants should get compensation amount of Rs. 75,000/-. The appellant- Insurance Company is directed to pay the enhanced compensation amount to the claimant.
As prayed by Mr. Jha, learned Counsel appearing for the appellant-Insurance Company the statutory amount is permitted to be withdrawn to enable it to pay the compensation amount to the claimants.