IMPORTANT POINT
The court established that claimants are entitled to compensation under Section 163A of the Motor Vehicles Act based on the structured formula, irrespective of the insurance company's policy limitations.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present appeal by the Insurance Company/Appellant has been preferred against the judgment and award dated 19th January, 2006 passed by Ld. Additional Judge, 3rd Court, Motor Accident Claims Tribunal, Murshidabad, in M.A.C. Case No. 34 of 2002, under Section 163A of the Motor Vehicles Act, 1988.

2. FACTS :-

“On 01.01.2002 the deceased Budhu Sk. boarded a bus being no. W.B. 39/3613, at Umarpore for going to Durgapur and while the bus reached at Chakpara on Panagar Moregram high way having running at a break neck speed, violently dashed against a Truck coming from opposite side and the driver of Bus having lost his control took the Bus off the road causing severe injury to several passengers. The injured Budhu Sk. subsequently died in the hospital. The said accident having taken place within P.S. Rampurhat, Dist. Birbhum. On the basis of a report Rampurhat P.S. Case No. 1/2002 dated 1.1.2002 was registered and an U.D.Case, being No. 1/02 dated 1.1.02, has also been started. The deadbody of the victim Budhu Sk. was shifted to Rampurhat Subdivisional Hospital, where p.m. examination over the deadbody of the victim was held by Medical Officer, Rampurhat Subdivisional Hospital.

The claimant petnrs. are the legal representatives of the deceased Budhu Sk. and claimant petnr., No. 1 is the wife; claimant-petnr. Nos. 2 and 3 are the minor sons of the deceased and claimant petnr. No. 4 is the mother of the deceased Budhu Sk. and are all of village Ichhakhali Bhatpara, P.S. Raghunathganj, Dist. Murshidabad.

The deceased Budhu Sk. was aged 33 years and was a Mason by occupation having annual income of Rs. 18,000/-. The owner of the offending vehicle, being No. W.B. 39/3613, is South Bengal State Transport Corporation, Durgapur, and the insurer is National Insurance Company Limited, Berhampore, Murshidabad and thus the claimant petnrs. claim compensation of Rs. 2,00,000/- on account of the death of Budhu Sk.”

3. South Bengal State Transport Corporation/Owner on receipt of summons of this case has appeared and contested this claim petition by filing written statement, denying the material allegations of the claim petition and inter alia contending that:-

“The deceased Budhu Sk. was not a passenger of the Bus, being No. WB. 39/3613 and the said Bus were never driven at a breakneck speed and an unknown Truck all on a sudden coming from opposite direction dashed the Bus and fled away. The driver of the Bus was not responsible for the alleged accident. Rather the driver of the Truck was fully responsible for the alleged accident. As such the O.P./Owner/SBSTC is not under any obligation to pay the compensation as prayed for. He prays for dismissal of the claim petition.”

4. O.P. No. 2/National Insurance Company Limited, on receipt of summons appeared in this claim case and contested the claim petition by filing written statement and denied the material allegations of the claim petition, inter alia contending that the O.P., Insurance Company, is not responsible to take any risk as the O.P. No. 1, Owner/SBSTC has not paid premium for the insurance. The route permit, driving licence, fitness certificate, registration document etc. shall be directed to be produced and on failure to produce, then the statutory violation of the condition under the policy as contemplated u/s 49 of the M.V. Act will arise and the O.P. will not stand in law to indentify the awarded amount of compensation. The alleged accident, if any, occurred due to the said Truck and the owner of the said Truck and insurer should be made party in this case. Thus they prayed for dismissal of this claim petition.

5. On filing additional written statement on 28.4.05 the O.P./National Insurance Company Limited, has alleged that the vehicle in question, being No. W.B.39/3613 (S.B.S.T.C Bus), is not covered by motor policy. The South Bengal State Transport Corporation has taken the policy from this O.P. which is called as special contingent policy,