S.J.MUKHOPADHAYA, J. - (1.) IN both the appeals common question has been raised as to whether the insurer can be asked to pay the entire liability both of the insurer and insured, at first instance, and then to recover the amount, excess to its liability, from the insured or not. As such, both the appeals were heard together and are being disposed of by this common judgment.
(2.) FOR determination of the aforesaid issue, it is not necessary to discuss all the facts, except the relevant one of both the cases, as mentioned hereunder: In L.P.A. No. 36 of 1998(R), the second respondent Deepak Kumar is the claimant. On 8th February, 1989, while he was travelling in a maxi -taxi, being Registration No. BEN -9653 from Kuru to Ranchi, the vehicle met with an accident, being driven rashly and negligently, as a result of which several passengers, including the claimant, received injuries. One person died at the spot and some other persons also died in the hospital. The claimant -Deepak Kumar was treated in a hospital and after recovery, filed Compensation Case No. 38/13 of 1989/91, claiming compensation to the tune of Rs. 2,50,000/ - (Rupees two lakhand fifty thousand). Both the insurer and insured appeared but the case was contested only by the insurer -appellant.
(3.) THE learned Accident Claims Tribunal, Ranchi, on appreciation of evidence and materials on record, allowed the claim to the tune of Rs. 85,000/ - (Rupees eighty five thousand), against the insurer without any liability against the insured.;