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Oriental Fire and General Insurance Co. Ltd. and anr. Vs. Raj Kishore Pandey and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtAllahabad High Court
Decided On
Judge
Reported in2(1985)ACC548
AppellantOriental Fire and General Insurance Co. Ltd. and anr.
RespondentRaj Kishore Pandey and ors.
Excerpt:
- .....about 16 years at the relevant time. loss to property was also caused as a direct result of the accident. the tribunal has, up on consideration of the evidence, reached the finding that the accident occurred due to rash and negligent driving by miraj mohammad, the driver of the truck, and that the liability of the owner of the truck and the oriential fire & general insurance co. (l.), with which the truck was insured, has been assessed at rs. 25,000/- so far as the injury to the person is concerned. in regard to the loss caused to the property the amount awarded is rs. 2000/- only. aggrieved against the award these appeals have been filed by the owner of the truck and also the insurance company.3. learned counsel for the appellants assails the finding recorded with respect to the.....
Judgment:

B.D. Agrawal, J.

1. These connected appeals are directed against an award of the Motor Accidents Claims Tribunal (IV Additional District Judge), Farrukhabad.

2. The accident took place on October 20, 1972, around 9 p m. Ram Babu Misra was a sleep on his Chabutra facing the house. Truck No. UPV 1833 belonging to Khushi Ram Rameshwar Dayal, it is alleged, dashed against the claimant whereby he received grievous injury. This led ultimately to the imputation of his left leg. The claimant was aged about 16 years at the relevant time. Loss to property was also caused as a direct result of the accident. The Tribunal has, up on consideration of the evidence, reached the finding that the accident occurred due to rash and negligent driving by Miraj Mohammad, the driver of the truck, and that the liability of the owner of the truck and the Oriential Fire & General Insurance Co. (L.), with which the truck was insured, has been assessed at Rs. 25,000/- so far as the injury to the person is concerned. In regard to the loss caused to the property the amount awarded is Rs. 2000/- only. Aggrieved against the award these appeals have been filed by the owner of the truck and also the Insurance Company.

3. learned Counsel for the appellants assails the finding recorded with respect to the alleged rash and negligent driving on the part of Miraj Mohammad the truck driver. It seems a detailed probe into the evidence leading to the find on the point by the Tribunal is not called for in these appeals for the obvious reason that in any event the Insurance Co. is liable for the amount assessed towards injury caused to the person and it is not open to the Insurance Co. to assail the finding either in regard to the rash and negligent act of the driver or even with respect of the quantum of compensation awarded in that behalf. The case pertains to only one accident and the amount awarded of Rs. 25,000/- for personal injury is within the statutory limit as contained in Section 95(2)(b)(ii) of the Motor Vehicles Act as then in force. The entire amount awarded is, therefore, recoverable from the Insurance Co., who is the appellant No. 1 in both these appeals.

4. In so far as the amount of compensation awarded in regard to the loss to the property is concerned learned Counsel refers to Section 95(2)(d) of the Motor Vehicles Act, which says that irrespective of the class of the vehicle there shall be a limit of rupees two thousand in respect of the damage to any property of the third party. This was the provision introduced by amendment through Central Act, 55 of 1969. In view thereof the Tribunal could not have awarded Rs. 2200/- in this behalf instead of Rs. 2000/- only.

5. In consequence First Appeal From Order 131 of 1978 fails and is dismissed accordingly. First Appeal From Order No. 107 of 1978 is allowed in part only to the extent that the amount of compensation awarded shall stand reduced to rupees two thousand only. Costs of these appeals shall be brone by the parties.


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