Gauhati High Court
The Oriental Insurance Company Ltd vs Smti Rumoni Dutta And Anr on 18 November, 2019
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010003652017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 446/2019
1:THE ORIENTAL INSURANCE COMPANY LTD
A CENTRAL GOVT. UNDERTAKING, HAVING ITS REGIONAL OFFICE AT
GUWAHATI, G.S. ROAD ULUBARI, GUWAHATI-781005 REPRESENTED BY
THE REIONAL MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI,
GUWAHATI-781005
VERSUS
1:SMTI RUMONI DUTTA and ANR
W/O SRI CHANDRESWAR SAIKIA, VILL. SARORGAON, P.O. MORANGI
CHARIALI, P.S. and DIST. GOLAGHAT, ASSAM,PIN 785621
2:ARUN BORA
S/O LATE CHANDRA BORA
VILL. SARORGAON
P.O. MORANGI CHARALI
P.S. and DIST. GOLAGHAT
ASSAM
PIN 78562
Advocate for the Petitioner : MS.R D MOZUMDAR
Advocate for the Respondent : MR. P BHOWMICK
Linked Case : I.A.(Civil) 2968/2019
1:THE ORIENTAL INSURANCE COMPANY LTD
A CENTRAL GOVT. UNDERTAKING
HAVING ITS REGIONAL OFFICE AT GUWAHATI
G.S. ROAD ULUBARI
Page No.# 2/4
GUWAHATI-781007 REPRESENTED BY THE REIONAL MANAGER
GAUHATI REGIONAL OFFICE
ULUBARI
GUWAHATI-781007
VERSUS
1:SMTI RUMONI DUTTA and ANR
W/O SRI CHANDRESWAR SAIKIA
VILL. SARORGAON
P.O. MORANGI CHARIALI
P.S. and DIST. GOLAGHAT
ASSAM
PIN 785621
2:ARUN BORA
S/O LATE CHANDRA BORA
VILL. SARORGAON
P.O. MORANGI CHARALI
P.S. and DIST. GOLAGHAT
ASSAM
PIN 785621
Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent : MR. P BHOWMICK
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 18-11-2019 Heard Ms. R.D. Mozumdar, learned counsel for the appellant and Mr. P. Bhowmick, learned counsel appearing for respondent no. 1.
This appeal under Section 173, Motor Vehicles Act, 1988 ("the Act", in short) is directed against the judgment and award dated 11.11.2016 and the order dated 03.12.2016 passed by the learned Member, Motor Accidents Claim Tribunal, Golaghat ("the Tribunal", in short) in MAC Case No. 52/2015. By the said judgment and award dated 11.11.2016, the learned Tribunal had awarded a compensation amount of Rs. 5,50,000/- in favour of the respondent no. 1 on account of the death of her son, Madhujya Saikia, who died in an Page No.# 3/4 accident on 16.11.2014 at Saror Gaon under the jurisdiction of Golaghat Police Station. In respect of the said accident, a criminal case was registered under Section 279/304A, Indian Penal Code (I.P.C.) vide Golaghat Police Station Case No. 1017/2014.
The ground of challenge in this appeal primarily is that the deceased had caused the accident himself while he was riding a motor cycle bearing registration no. AS-05-F-2910 from Golaghat to Morangi and as a result of the accident, he sustained grievous injuries and died instantaneously on the spot. Seeking compensation under Section 163A of the Act, the claimant who is the mother of the deceased, had instituted the claim application, MAC No. 52/2015 before the Tribunal.
It is submitted by Ms. Mozumdar, learned counsel for the appellant that the motor cycle involved in the accident belong to respondent no. 2, Mr. Arun Bora and the deceased had borrowed the motor cycle from respondent no. 2 with his consent. In such view of the matter, she submits that the deceased had stepped into the shoes of the owner of the motor cycle and the insurance policy in force at that point of time being an Act only policy, there is no statutory liability on the part of the appellant-insurer of the motor cycle under the provisions of the Act to satisfy the Award. She further submits, by placing on record a copy of the insurance policy bearing no. 322190/31/2014/4759, valid for the period from 10.02.2014 to 09.02.2015, that for an additional premium was paid by the insurer for personal accident coverage of the owner driver of the motor cycle and in view of payment of such additional premium, the contractual liability of the insurer is only for an amount of Rs. 1,00,000/-.
Mr. Bhowmick, learned counsel for the respondent no. 1-claimant has also acceded to the said submission of the learned counsel for the appellant. He submits that as an additional premium was paid towards the personal accident coverage for owner driver of the motor cycle and in absence of coverage of insurance as per the statutory requirement under Section 147 of the Act, the liability of the appellant insurer appears to be limited to Rs. 1,00,000/- for the death of owner driver of the motor cycle and he submits that this appeal can be disposed of with the direction to the appellant insurer to make payment of the said amount of Rs. 1,00,000/- which is to be paid under the contract of insurance, as expeditiously as possible.
Page No.# 4/4 I have considered the submissions of the learned counsel for the parties and in view of the consensus arrived at by the parties, I deem it proper to dispose of this appeal at the admission stage itself by holding that the respondent no. 1, as the legal representative of the deceased being his mother, is entitled to receive the amount of Rs. 1,00,000/- as per the terms of the contract of insurance and the same shall be disbursed to the respondent no. 1- claimant within a period of 1 (one) month.
At this stage, it is submitted by Ms. Mozumdar, learned counsel for the appellant- insurer, that at the time of filing this appeal, the appellant-insurer has already deposited an amount of Rs. 25,000/- as the statutory deposit. It is further submitted by her that the remaining amount of Rs. 75,000 will be deposited by the appellant-insurer within a period of 1 (one) month.
The said submission of the learned counsel for the appellant-insurer is found reasonable. Thus, it is observed that on deposit of the remaining amount of Rs. 75,000/-, by the appellant-insurer, the amount of Rs. 1,00,000/- shall be disbursed by the Registry to the respondent no. 1 on her due identification.
With the above directions, this appeal stands disposed of.
A copy of the policy no. 322190/31/2014/4759 is kept on record.
JUDGE Comparing Assistant