THE ORIENTAL INSURANCE COMPANY LTD v. M HABIDABEE 4 OTS

The appeal is filed by the Oriental Insurance Company Limited against the Award passed by Motor Accident Claim Tribunal-cum-V Additional District Judge (Fast Track Court), Kurnool at Nandyal dated 14.03.2012 in M.V.O.P.No.205 of 2009, assailing the Award for fastening the liability on the Insurance Company to pay compensation. I. CONTENTIONS:

The learned Counsel for the Appellant fairly submits that the issue is between the Owner and the Hired Bus, but exonerated the Hire Bus and made liable the Insurance Company and finally submits that the issue is answered by a Co-ordinate Bench of this Court in C.M.A.No.420 of 2014. II.BRIEF FACTS:

The case of the Claimants is that the Claimants are wife and sons of Mahaboob Saheb, that on 24.10.2007 the Cleaner/Mahaboob Saheb of the Bus/AP 21 W 1360 was going in the hired APSRTC Bus, at Guba Gundam Metta on N.H.18 road, the Driver drove in rash and negligent manner, while giving way to opposite coming vehicle, the Driver of the Bus all of a sudden turned the Bus to the left side due to which the Cleaner of the Bus, who was standing on the foot board, fell on the road and received bleeding injuries. He was shifted to Primary 3 Health Center, Allagadda, later shifted to Government General Hospital, Kurnool and he succumbed to injuries while undergoing treatment on 29.10.2007. In this regard, the Crime No. 120/2007 is registered under Section 304-A of IPC against the Driver. The 1st Respondent is the Owner of the Bus, the 2nd Respondent is the Insurer of the Bus and the 3rd Respondent/APSRTC has hired the Bus from the 1st Respondent, and sought compensation of Rs.5,00,000/- for his death in the accident, jointly and severally from all the three Respondents. III.ANALYSIS:

The material on record reveals that the Tribunal Awarded compensation of Rs.3,77,500/-, which is not disputed by the Parties, including the accident and his death. After conclusion of the arguments, the issue remains to be answered is whether the Insurance Company is not liable to pay compensation in this case.

The Tribunal recorded that the 2nd Respondent/Insurance Company collected additional premium for hiring the Bus, the Cleaner was on duty. Thus, the Owner and the Insurance Company are liable to pay compensation.

The Co-ordinate Bench of this Court in C.M.A.No.420/2014, while examining in the context of Claimant went in the Lorry with a load of Ground Nut Cake, met with an accident and suffered fracture injuries, answering a point that premium is paid to cover his liability, discussed Section 145 of M.V. Act and its amendment in 2019, also on elaborating the definition of third party, relied on 4 National Insurance Co. Ltd. Vs Savidi Anjaneyulu1 that the amendment is applicable retrospectively covering the risk of the Driver or any other Co-worker as third party.

This Judgment is applicable to the present facts of the case. The Appellant/Oriental Insurance Company Limited could not demonstrate any infirmity in the Award of the Tribunal warranting interference by this Court. Thus, the Appeal is liable to be dismissed with costs. IV.CONCLUSION: