S.J.MUKHOPADHAYA, J. - (1.) THE appellant-insured-owner of the vehicle, being dissatisfied with the judgment dated 9th December, 1997, passed by the learned Single Judge in Misc. Appeal No. 60 of 1987 (R), has challenged the same,
(2.) THE case, in brief, is that deceased Shashi Bhushan Sahay was returning to his office after performing duties at the site. While he was going on the scooter bearing Registration No. BRW 5246, a truck bearing Registration No. BHU 9655, coming in rash and negligent manner, dashed the scooter. The driver of the truck did not blow horn and even after the accident, fled away with the truck. Shashi Bhushan Sahay was brought to Bokaro Hospital, where he was declared dead. The heirs-respondents herein, filed application under Section 110-A of the Motor Vehicles Act for grant of compensation, registered as Title (Compensation) Suit No. 69 of 1984, which was allowed by the learned 2nd Additional District Judge-cum-Motor Vehicle Accident Claim Tribunal, Dhanbad, vide judgmen dated 17th June, 1987/And dated 27th June 1987. The learned Tribunal directed for payment of compensation to the claimants to the tune of Rs. 2,88,000/- (rupees two lakhs and eighty eight thousand), out of which Rs. 1,50,000/- (rupees one Lakh and fifty thousand) was ordered to be paid by the insurer-National Insurance Company ('Company' in short) and rest by the in-sured-owner of the vehicle. The insured-owner of the vehicle, being not satisfied with the same, preferred Misc. Appeal No. 60 of 1987 (R) before this Court. The main question raised was that the insured-owner of the vehicle having paid special premium of Rs. 240/- against the public risk, the policy being comprehensive, the entire risk and liability of payment was of the insurer-Company. Similar plea has been taken by the counsel for the appellant-insured before this Court.
(3.) I have taken into consideration the judgment dated 9th December, 1997, passed by the learned Single Judge in Misc. Appeal No. 60 of 1987 (R), wherein taking into consideration the provisions of Section 95 (2) (b) (ii) of the Motor Vehicle Act, 1939, the learned Single Judge has held that the insurer Company was only liable to pay the amount of compensation to the extent of Rs. 1,50,000/- (rupees one lakh and fifty thousand) and the rest amount will be paid by the insured owner of the vehicle.;