Union If India, Ministry Of Defence vs Nirmal Sahu And Others

Sanjay Kumar Dwivedi, J

The appeal is presented against the judgment/award dated 21.12.2016 passed by learned Presiding Officer, Motor Vehicle Accident Claim Tribunal, Hazaribag in Claim Case No.15 of 2007 whereby and whereunder the learned court has been directed that the appellant as well as National Insurance Company shall be jointly and severally liable to pay compensation amount of Rs.4,65,000/- in 50:50 ratio in favour of the claimant in equal proportion @ 6% per annum from the date of award within 30 days, failing which the award amount shall carry interest @ 9% per annum. The payment of ad-interim compensation, if paid, shall be deducted from the aforesaid amount.

Heard the learned counsel appearing on behalf of the appellant/Union of India and the learned counsel appearing on behalf of the respondent no.6/National Insurance Company Limited.

Mr. Prashant Vidyarthi, the learned counsel appearing for the appellant/Union of India submits that this appeal is restricted for awarded amount between the appellant and the insurance company namely, National Insurance Company Limited and in view of that claimants are not required to be called upon.

Mr. Alok Lal, the learned counsel has appeared on behalf of respondent no.6/ National Insurance Company Limited.

Mr. Prashant Vidyarthi, the learned counsel appearing on behalf of the appellant/ Union of India submits that claimants have filed the claim petition under section 166 and 140 of the Motor Vehicle Act for compensation of Rs.5,50,000/- for accidental death of Bina Devi. He further submits that in the claim petition it was asserted that on 14.07.2005 at about 2.00 p.m. the deceased Bina Devi and her husband was coming from Ranchi to Hazaribag by vehicle No.Jh-02E-2917. They reached near Buxpura at NH-33 Ranchi-Patna Road and a military van bearing No.02D-143845Y ALS driven by its driver rashly and negligently coming from opposite direction collided with each other and as a result of which Bina devi received fatal injuries and died on the spot and other passengers of the jeep were injured. An FIR being Sadar (Mufasil) P.S. Case No.317/2005 was registered under sections 279, 337, 338 and 304(A) of the IPC. Mr. Vidyarthi, the learned counsel for the appellant/ Union of India has challenged the award on the ground that only the respondent no.6/National Insurance Company Limited is liable to pay the entire compensation in view of the fact that it has come in the fardbeyan that the Jeep in question was being driven negligently and rashly dashed the military van. On this ground, he submits that the appeal may kindly be allowed and award may kindly be modified.

Mr. Alok Lal, the learned counsel appearing on behalf of the respondent no.6/ National Insurance Company Limited submits that the witnesses examined before the Tribunal have asserted that drivers of both the vehicles were negligent and were driving the vehicles rashly and that is why learned Tribunal has fastened liability on the Insurance Company and the appellant who is the owner of the military vehicle and he further submits that the charge sheet is submitted against both the drivers. On this ground, he submits that no interference is required in the award.

With regard to the above submission of the learned counsels appearing on behalf of the appellant and the respondents, the learned Tribunal has also framed Issue no.2 as to which of the vehicle was negligent and rash in driving the vehicle. It has examined C.W.1, C.W.2 and C.W.3 on this point and all these witnesses have stated that the drivers of both the vehicles were rash and negligent in driving the said vehicles and in view of that the accident took place. It appears that the learned Tribunal has taken every care in fastening the liability upon both the drivers and as such, there is no illegality in the award.

The statutory amount deposited by the appellant shall be transmitted to the learned Tribunal which will be utilized in satisfying the award.

Both the owners, who are the appellant/ Union of India and the respondent no.6/ National Insurance Company Limited will satisfy the award within four weeks.

M.A. No.564 of 2017 is accordingly dismissed.

Pending petition, if any, also stands disposed of accordingly.