Court No. - 16
Case :- FIRST APPEAL FROM ORDER No. - 2128 of 2018 Appellant :- The Oriental Insurance Company Limited Respondent :- Kalimunnissan And Anr Counsel for Appellant :- Ashok Kumar Jaiswal
Hon'ble Arvind Kumar Mishra-I,J.
1. Heard learned counsel for the parties and perused the record.
2. This first appeal from order has been moved by the Oriental Insurance Company Limited against judgement and award order dated 16.02.2018 passed by Additional District Judge/Motor Accident Claim Tribunal/Fast Track Court No.21, Allahabad, District Allahabad in M.A.C.P. No.532 of 2006, whereby the appellant- Insurance Company- was directed to pay compensation to the tune of Rs.1,65,000/- along with accruing interest at the rate of 7% per annum and the amount has been directed to be paid within 30 days.
3. Magnitude of the contention is based on fact that the tribunal has committed gross error while deciding the issue no.3 in respect to the breach of policy conditions, it is specifically mentioned that the fitness was not available on the date of accident to the owner of the offending vehicle, but the tribunal fastened the liability against the appellant (insurance company); this is nothing but a substantial violation of terms and condition imposed under the insurance scheme, therefore, recovery rights should be given to the insurance company.
4. Considered the above aspect, primarily, the nature of the vehicle involved in this case. The vehicle in this case, which caused the accident, resulting into death of Mohd. Siddique, was a tempo.
5. In view of above, it cannot be said that the offending vehicle was being plied without insurance certificate, without registration and without effective license by its driver, therefore, in the absence of mere fitness certificate alone, it cannot be said that the finding recorded by the tribunal is erroneous. The matter is trivial one. Moreso, the matter of fitness certificate is between the owner/driver of the tempo concerned and the transport authority and it cannot be said substantial violation of the terms and conditions of the insurance policy.
6. In so far as the amount of compensation is concerned, looking to the status of the claimant and the principle applied, the same cannot be said to be either excessive or erroneous. The compensation amount to the tune of Rs.1,65,000/- accruing the interest of 7%, under the facts and circumstances of the case is justified.
7. In view of above, there is no error explicit or implicit in the finding recorded by the Tribunal, therefore, this First Appeal From Order is dismissed in limine.
Order Date :- 24.4.2018 Raj