- (1.) 15/16.12.2019 Learned counsel for the appellant has assailed the impugned award dated 01.08.2016 passed in Compensation case no. 159/2011 passed by learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi whereby the claimants have been awarded compensation to the tune of Rs.8,59,000/- within 30 days from the date of award along with interest @9% per annum from the date of filing of the case i.e. 27.09.2013 till realization of amount. Learned counsel for the appellant has submitted that earlier Rs.50,000/- has already been paid to the claimants under section 140 of the M.V. Act.
(2.) Learned counsel for the appellant Insurance company has submitted that photocopy of insurance policy which has been brought on record as Exhibit-5 with regard to insurance of Tractor bearing registration no. JH-01Q-0633 in the name of Satyendra Nath Sahdeo was valid from 24.07.2010 to 23.07.2011 vide policy no.332200/31/2011/1811. Learned counsel for the appellant has submitted that the deceased Goltu Munda @ Sainath Munda was a labourer on the said vehicle, as per evidence adduced by the owner of the vehicle/respondent no.4, who at para-10 and 11 of his deposition has stated that Goltu Munda was earning Rs.6,000/- per month and was engaged as labourer on the tractor. Learned counsel for the appellant has relied upon the judgment passed by the Apex Court in the case of Oriental Insurance Co. Ltd. v. Brij Mohan & Ors .; 2007 AIR SCW 3734. Learned counsel for the appellant has further submitted that Insurance Company is not liable to satisfy the award rather the same should have been recovered from the owner of the offending vehicle as they have violated the terms and conditions of section 149 (2) of the M.V. Act . Learned counsel for the appellant has submitted that amount already paid under section 140 of the M.V. Act may also be recovered from the owner, apart from the amount which has been deposited before the learned Tribunal pursuant to the order dated 19.06.2017 passed by a co-ordinate Bench of this Court in I.A. No.4047 of 2017 filed by the Insurance Company. Learned counsel for the appellant, relying upon the judgment passed by the Apex Court in the case of United India Insurance Co. Ltd. v. Serjerao and Ors ; AIR 2008 SC 460 has submitted that the Insurance Company has no liability. Learned counsel for the appellant has relied upon the case of Brij Mohan (supra) and Serjerao (supra) and submitted that deceased was not a bonafide passenger covered under the insurance policy rather being a labourer as stated in para-10 of deposition of the owner of the vehicle, that the deceased was a labourer and as such, insurance coverage is not for gratuitous passenger. Learned counsel for the appellant has thus submitted that the appeal may be allowed and the appellant may be discharged from the liability of the award passed by the learned Tribunal as the same should be payable by the owner of the offending vehicle not by the Insurance Company.
(3.) Learned counsel for the Claimants has submitted that the accident took place on 23.02.2011 when the vehicle was duly insured. The claimants have only received Rs.50,000/- under section 140 of the M.V. Act and the amount deposited to the tune of Rs.4,50,000/- has not been disbursed till date for which Claimants have filed I.A. No.11165/2018 for modifying the order dated 19.06.2017 so as to disburse the deposited amount in favour of the claimants.;