- (1.) CLAIMANT'S CASE BEFORE THE TRIBUNAL Sk. Kamaluddin was the owner of an Ambassador car having registration no.W.B.J-9324. He earned rupees four thousand to five thousand per month. On May 31, 2000 Kamaluddin was driving the said Ambassador car when the offending vehicle, a Maruti Van, having registration no.W.B.V7655 dashed the ambassador car near Banamali Hotel on National Highway-6, P.S. Bagnan. The accident was caused due to rash and negligent driving of the offending vehicle. Kamaluddin was rushed to Bagnan Hospital with multiple injuries. He was shifted to Uluberia Hospital and then to Midnapur. After a prolonged treatment, he was declared disabled to the extent of fortyone per cent. He claimed a sum of Rs.1.5 lacs as compensation vide application dated August 5, 2000 made under Section 166 of the Motor Vehicles Act, 1988. In his application he contended that Shri Ram Natayan Yadav, the owner of the offending vehicle did not pay any compensation to him. OBJECTION a) National Insurance Company Limited The National Insurance was implicated as the insurer of the offending vehicle. It filed objection dated November 3, 2000 inter alia, claiming that the offending vehicle was not, at all involved in the accident. Moreover, on the date of the accident there was no valid insurance cover making the concerned Insurance Company liable for payment of compensation. b) United India Insurance Company Limited United India insured the Ambassador car. It filed objection inter alia, contending that the Policy of Insurance did not cover the risk of the driver. In paragraph 9 of the objection, the Insurance Company categorically contended that the Policy of Insurance did not cover the risk of the insured himself as a driver or otherwise. EVIDENCE
(2.) The claimant deposed as PW-1. He was consistent on his claim. He contended that he had been treated privately by Dr.D.P. Roy at Midnapur. He got his left wrist operated at Nityananda Nursing Home, Bankura and stayed there for twenty/twenty-two days. He could not work normally with his left hand. He was earning rupees four to five thousand per month. He did not file his birth certificate to prove his age. According to him, he was aged about twenty-four years at the time of deposition that took place on August 20, 2002. JUDGMENT IMPUGNED The learned Judge considered the rival contentions as also the precedents cited at the Bar which were inter alia, as follows :- i) (Mathew Koshy VS- Oriental Insurance Company Limited, 1989 ACJ 21) ii) (United India Insurance Co. Ltd. VS- Kantabai & Ors., 1991 ACJ 22) iii) (Hemlata Sahu & Ors. VS- Ramadhar & Anr., 2000 ACJ 134) iv) 2000 Volume-III Transport and Accident Cases Page- 585, also reported in (Chimajirao Kanhojirao Shirke & Anr. VS- Oriental Fire & General Insurance Co. Ltd., 2000 6 SCC 622) v) 2001 Accidents Claims Journal Page-749 also reported in (M/s. United India Insurance Co. Ltd. VS- B. Hemawati & Ors., 2000 2 CalLT 449)
(3.) The learned Judge held the owner of the offending vehicle responsible for the accident and made him liable for payment of rupees seventysix thousand and five hundred. The learned Judge however, did not award any interest.;