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High CourtsDivision Bench(2002) 02 JH CK 0048

Oriental Insurance Company Ltd. vs Bhulan Kumar Yadav and Another

Jharkhand High Court · Decided on 14 February 2002

HON’BLE JUDGES
Hari Shankar Prasad, J · Gurusharan Sharma, J
CASE NUMBER
Appeal from original Order No. 266 of 1996 (R)

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Judgment

7 paragraphs · 365 words
1.

On 14.8.1992, there was a head-on-collision between a School Bus (BRV 541) and a Scooter (BR-19(B) 1911) at Ranchi-Patratu Road near Haji Chowk within Kanke Police Station of Ranchi district, wherein Brij Bihari Yadav, who was driving the Scooter got serious injuries and died.

2.

It was established in Compensation Case No. 14 of 1993 filed by the parents of deceased, u/s 166 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as ''the Act'' for short) that the accident took place solely on account of rash and negligent driving of the school bus and driver of the said bus was responsible therefor. It was also observed that there was no evidence that deceased was driving the scooter in rash and negligent manner.

3.

The school bus was not insured at the relevant time and as such, in our opinion, the entire amount of compensation which was calculated at Rs. 1,00,000/- to be paid to the claimants, ought to have been directed to be paid by the owner of the school bus i.e. respondent No. 3 herein, but the Tribunal in the impugned judgment and award directed the owner of the school bus to pay Rs. 75,000/- and the balance amount of Rs. 25,000/- was directed to be paid by the insurer of the scooter.

4.

We find that the claimants had not demanded any compensation from insurer of the scooter and it was also found that deceased while driving the scooter has not committed any fault.

5.

We, therefore, modify the impugned judgment and award to the extent that entire amount of compensation of Rs. 1,00,000/- is payable by the owner of the school bus. The said part of the impugned judgment and award, whereby a sum of Rs. 25,000/- was directed to be paid by the insurer of the scooter is set aside.

6.

Amount of Rs. 12,500/- deposited by appellant in this Court vide Challan No. J-11 dt, 7.5.1997, under proviso to Section 173 of the Act is permitted to be withdrawn by appellant on proper verification and in accordance with law.

7.

This appeal is disposed of with above modification in the impugned judgment and award. No costs.