Oriental Insurance Co. Ltd. vs Arun Dutta and Others

A.H. Saikia, J.—Heard Mr. S. Dutta, learned Counsel for the appellant. Also heard Mr. T.J. Mahanta, learned Counsel for the respondent.

This appeal is directed against the impugned award dated 28th February, 1997 passed by the Member, Motor Accident Claims Tribunal, North Lakhimpur in M.A.C.T. Case No. 59/1994 awarding an amount of Rs. 12,000/- against the claim of Rs. 1,80,000/- made by the claimant who suffered a fractured leg due to the sudden put up of brake of the vehicle by the driver while the claimant was travelling in the night supper bus from Tezpur to Lakhimpur.

I have perused the award so passed by the learned Member of the Tribunal. On careful examination of the impugned award, it appears that the Tribunal has properly appreciated the evidences as well as considered the materials available on record and after hearing the learned Counsel for the parties, passed the award of Rs. 12,000/- inclusive of interim relief, if any, with interest @ 12% from the date of claim till the deposit of the said amount in favour of the claim made by the appellant.

Having given my anxious consideration to the impugned award and upon hearing the learned Counsels, I do not find any merit warranting interference with the award so passed by the Tribunal.

At this stage Mr. Dutta appearing on behalf of the appellant submits that since the claimant has suffered the injury due to falling of a suitcase upon him for sudden put up of the brake, the same cannot be said to be an accident covered u/s 166 of the Motor Vehicles Act. On the other hand Mr. T.J. Mahanta''s contention is that the injury so suffered by the claimant is definitely an accident which occurred during the course of his travelling in the said bus which was duly insured with the appellant, and moreover, the claimant was having a valid ticket.

In support of his submissions, he has put strong reliance in the decision of Smt. Rita Devi and Others Vs. New India Assurance Co. Ltd. and Another, corresponding to II (2000) ACC 410 : 2000 (2) GLT SC 1. In the said case the driver of the auto-rickshaw was murdered by some miscreants in course of achieving the said auto-rickshaw from the driver.

The Apex Court held that the murder of the said driver was an accident arising out of the use of the motor vehicle and Insurance Company was made liable for payment of compensation.

I find force in the submission so made on behalf of the respondent. I fully agree to apply the principle of the said decision in this case and accordingly hold that the injury suffered by the claimant in this case is an accident.

For the reasons and discussion made above, this appeal is dismissed.

As regard the interest, Mr. Dutta appearing for the appellant submits that in terms of the decision of the Apex Court in Smt. Kaushnuma Begum and Others Vs. The New India Assurance Co. Ltd. and Others, the interest of 12% may be reduced to 9%. Accordingly the interest is reduced to 9% in the light of the said decision.

This disposes of the said appeal.