RANCHI, India, Jan. 3 -- Jharkhand High Court issued the following order on Dec. 2:
1. The owner of vehicle is in appeal against the award of compensation of Rs.94,000/- under Section 147 of the Motor Vehicle Act passed in MACC Case No.30 of 2013 by learned District & Additional Sessions Judge V-cum-MVCT, Gumla for the damage to the property of third party/claimant in a motor vehicle accident caused by bus bearing registration no. JH 01X 2413 on 08.01.2013.
2. As per the case of the claimants, the said bus dashed and damaged the house situated near NH 78 for which the claim was preferred before the Tribunal. The learned Tribunal allowed the claim of Rupees One Lakh however, held that Insurance Company will be liable to pay compensation of Rs.6000/-, whereas Rs.94,000/- was to be paid by the appellant/owner of the vehicle.
3. It is argued by the learned counsel on behalf of the appellant that the learned Tribunal misdirected itself while applying Section 147 of the M.V. Act which provides that where premium for house damage is not paid, the liability of Insurance Company is limited to Rs.6000/-. Here, in the present case, it is contended that the premium was paid which will be evident from Exhibit B for a liability of Rs.7,50,000/-.
4. Learned counsel on behalf of the Insurance Company has not disputed the factual assertions with regard to the insurance policy.
5. Having considered the submission advanced, I find that learned Tribunal has failed to consider that since the premium amount had been paid vide Exhibit B, therefore, liability of the Insurance Company extended to pay the full compensation amount and could not have been confined to Rs.6000/-. The impugned order is set aside and the Insurance Company shall be liable to pay the entire compensation amount to the claimants.
Miscellaneous Appeal is accordingly, allowed. Interlocutory Application, if any, is disposed of. Statutory amount be refunded to the appellant.
Disclaimer: Curated by HT Syndication.
