ORIGINAL JURISDICTION - Orissa High Court

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2010 ( I ) ILR-CUT- 379 B.N.MAHAPATRA, J. ORIENTAL INSURANCE CO.LTD.-V-MOCHIRAM SAHOO & ORS.* FEBRUARY 10,2010. 124 MOTOR VEHICLES ACT, 1988 (ACT NO. OF 1988) – SEC.147. Accident causing death – Vehicle involved is a private vehicle – Vehicle covered by a comprehensive policy – Insurance Company is liable to pay the compensation to the claimants. (Para 6) Case law Relied on:- (2009) 2 CLR 579 : (Divisional Manager, Oriental Insurance Co.Ltd. -V- Arati Mishra & Anr.) For the Appellant – M/s. Mohitosh Sinha, P.R.Sinha, P.K.Mahali & J.Jena. For the Respondents – M/s.A.K.Mohanty, m.C.Nayak, & D.C.Dey (For R-7) M/s. P.K.Mishra, P.Mishra, P.K.Nanda & P.K.Mishra.(For R-1 to 4) *M.A.C.A. NO.100 OF 2009. From a judgment dated 04.09.2007 passed by the 3 rd Motor Accident Claims Tribunal, Bhubaneswar in Misc.Case No.413 of 1997. B.N.MAHAPATRA, J. This is an appeal against the judgment dated 04.09.2007 passed by learned 3 rd Motor Accident Claims Tribunal, Bhubaneswar (for short “the Tribunal”) in Misc. Case No. 416 of 1997 2. The case of the claimants before the Tribunal is that on 15.09.1997 while the deceased along with her family members and other co-passengers was returning to her village by a Tata Sumo bearing registration No.OR-02-F-0222, the said vehicle dashed against a truck bearing registration No.WMO-98 which was coming from opposite direction. In the said accident, the deceased sustained severe injuries. After the accident, the deceased was shifted to Tangi Hospital for treatment. From Tangi Hospital while she was taken to S.C.B., Medical College and Hospital, Cuttack for better treatment, she succumbed to the said injuries. The police registered an accident case against the driver of the
125 offending truck. The further case of the claimants is that the accident took place due to rash and negligent driving by drivers of both the vehicles. The deceased was aged about 17 years and a student of Class-X. In her leisure time, the deceased along with her sister was doing stitching of the dress materials of villagers and was earning Rs.300/- per month. Out of this profit, the deceased was contributing towards maintenance of the family. The deceased was a goods student and in the year of accident she was to appear at the Board examination. Her future was to be a Nurse. With the above averments, the claim petition was filed claiming compensation of Rs.2,00,000/- 3. Both the owners of the vehicles involved in the accident did not contest the case. They were set ex parte. Both the insurers of the offending vehicles INDIAN LAW REPORTS, CUTTACK SERIES [2010] contested the case by filing separate written statements denying almost all the material facts alleged in the claim petition. They have denied their knowledge about the validity of the Insurance Policies and driving licences of drivers of respective vehicle and prayed for dismissal of the claim petition. The learned Tribunal framed as many as three issues. After taking into consideration the materials on record, the Tribunal held that due to rash and negligent driving of drivers of both the vehicles the accident took place. All the four claimants before the Tribunal are entitled to compensation. The Tribunal further held that both the vehicles were duly insured by the Insurance Company, i.e., the opposite party Nos. 3 and 4 and they are liable to pay the compensation at the ratio of 50:50. With the above findings, the Tribunal determined the amount of compensation at Rs.1,60,000/-. Being aggrieved with the said judgment of the learned 3 rd M.A.C.T., Bhubaneswar, the appellant–Insurance Company has filed the present appeal. 4. Mr. M. Sinha, learned counsel appearing on behalf of the appellant-Oriental Insurance Co. Ltd. contends that since the deceased was traveling in private Tata Sumo bearing registration No.OR-02-F-0222, she is not entitled to get any compensation as it violates the policy conditions. It is further contended that the deceased being a student she had no personal income. 5. Mr. P.K. Mishra, learned counsel appearing on behalf of the claimants submits that since it is a comprehensive policy, the passenger traveling in a private vehicle are automatically covered by the said policy and are entitled to get compensation. In support of his submission, he cited and relied upon a decision in Divisional Manager, Oriental Insurance Co. Ltd. vs. Arati Mishra & Anr., (2009) 2 CLR 579. It is further submitted that the Tribunal has adopted annual notional income of Rs.15,000/- as per Schedule-2 of the Motor Vehicles Act considering the fact that the deceased had no income at the relevant time. In the said accident, two daughters of the claimant-respondents died. In other Misc. Case No. 416 of 1997, in respect of another sister of the deceased, the appellant-Insurance Company has paid its share of 50% of the awarded amount as directed by the learned Tribunal and the claimant-respondents have already
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2010 ( I ) ILR-CUT- 271 I.M.QUDDUSI
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2010 ( I ) ILR-CUT- 275 I.M.QUDDUSI
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MIRJA SIDDIK -V- STATE OF ORISSA ju
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23 DILIP KUMAR RAY -V- STATE OF ORI
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2010 ( I ) ILR-CUT- 285 B.P.DAS,J &
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NITYANANDA BEHERA -V- STATE [S.C.PA
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2010 ( I ) ILR-CUT- 289 B.P.DAS,J &
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ANUPAMA BEHERA -V- D.M., LIC OF IND
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ANUPAMA BEHERA -V- D.M., LIC OF IND
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39 13. In the case of P. J. Chacko
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2010 ( I ) ILR-CUT- 297 L.MOHAPATRA
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43 Court in the case of M/s. Thunga
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45 and (c) on account of some mista
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“ The High Court held that the re
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49 Deputy Superintendent of Police.
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The copy of the Station Diary dt.24
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53 accordingly, investigation was t
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55 lying dead with ligature mark on
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11.40(1974) CLT.977 : (Sahadeb Patn
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comparative statement showing perfo
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61 construed according to the plain
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63 11. This Court in Sahadeb Pattna
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ules and regulations h) Ability to
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INDIAN LAW REPORTS, CUTTACK SERIES
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Page 81 and 82: 95 hearing the appeal set aside the
Page 83 and 84: 97 and the parties to the lease are
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Page 87 and 88: 101 cargo, which was unfit for ship
Page 89 and 90: 103 This Section stipulates that ap
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Page 93 and 94: 107 further, in the meantime also t
Page 95 and 96: 109 “…… The High Court was of
Page 97 and 98: 111 learned Subordinate Judge on th
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Page 101 and 102: 115 OLR 791 (Sk. Mustafa and anothe
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Page 105 and 106: 119 Rs. 71,74,451/- for repair of t
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Page 115 and 116: 129 to any person, or to consent th
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Page 119 and 120: 133 testimony of the victim in a ca
Page 121 and 122: 135 relationship of the appellant w
Page 123 and 124: 137 Officer,Bangalore). 3.AIR 1996
Page 125 and 126: 139 restored, only to avoid the ord
Page 127 and 128: 2010 ( I ) ILR-CUT- 396 141 B.K.PAT
Page 129 and 130: 143 4.12.1997. The vehicle was insu
Page 131 and 132: 145 vehicle and insurance policy tr
Page 133 and 134: 147 place from the date of sale whe
Page 135 and 136: 149 deemed to have issued to the in
Page 137 and 138: 151 6. On an analysis of Sections 9
Page 139 and 140: 153 the policy purports to cover in
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Page 143 and 144: 157 “….. The decision in the ca
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Page 147 and 148: 161 the imposition of fine of Rs.50
Page 149 and 150: 163 overtuous regarding sex. Theref
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Page 153 and 154: 167 The Opposite parties 2 to 11 ar
Page 155 and 156: 169 3. It is undisputed at this sta
Page 157: shall dispose of the application on
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