Point of Law: Section 147 does not require an insurance company to assume risk for death or bodily injury to owner of vehicle.

JUDGMENT :

Heard Mr. H. Buragohain, learned counsel appearing on behalf of Mr. S. S. Sharma, learned Senior Counsel for the appellant. Also heard Mr. K. Bhattacharjee, learned counsel for the respondent No. 1 and Mr. A. Dutta, learned counsel for the respondent No. 5.

2. This is an appeal, under Section 173 of the Motor Vehicle Act, 1988, against the judgment and award dated 28.11.2014, passed by the learned Member, Motor Accidents Claims Tribunal, Bongaigaon, in MAC Case No. 129/2012, directing the appellant/insurer to pay a sum of Rs. 62,750/-, i.e. the 50% of total awarded amount of Rs. 1,25,499/-, along with the interest @ 6% per annum from the date of evidence till realization.

3. The brief facts, leading to filing of the present appeal, is that on 04.05.2012, while the respondent No. 1/injured-Aksed Ali was going towards his office from his residence by riding his elder brother’s motorcycle, bearing Registration No. AS-19B-5632, and while he reached on the National Highway 31(B), Jogighopa, in front of Kiron Weigh Bridge, the driver of the offending vehicle, bearing Registration No. AS-25-0359 (Truck), coming from the opposite direction in a rash and negligent manner, collided with the motorcycle. As a result of which, the respondent No.1 sustained grievous injuries on his head, legs and other parts of the body. Thereafter, he was brought to Cholontapara Mini PHC, but due to his serious condition, he was shifted to Solace Hospital, Goalpara. Thereafter, he was referred to Hayat Hospital, Guwahati, where he was admitted on 05.05.2012 and subsequently was discharged from the hospital on 22.05.2012. At the time of accident, he was 22 years of age and was working as a Manager of Anil & Shonti Transport Company Ltd. and his monthly income was Rs. 6,000/-per month. But, after the accident, he became permanently disabled and unable to do his normal work. He incurred huge expenditure on his treatment. Thereafter, a case was registered, vide Jogighopa P.S. Case No. 95/2012, under Sections 279/338/427 of the Indian Penal Code, against the driver of the offending vehicle (Truck). It is further stated that at the time of accident, both the vehicles were covered under valid insurance policy and accordingly, vide the claim petition, the respondent No. 1 claimed for Rs. 7,35,000/- towards compensation.

4. The respondent No. 5, i.e. the Oriental Insurance Company Ltd., the insurer of the offending vehicle-AS-25-0359 (Truck), submitted their Written Statement and took a plea that the driver of the vehicle did not drive the vehicle in rash and negligent manner and it is the claimant/injured who was driving the vehicle in rash and negligent manner. The appellant herein, i.e. the United India Insurance Company Ltd., the insurer of the vehicle bearing Registration No. AS-19B-5632 (motorcycle), also contested the case by filing the Written Statement and also denied the case of the claimant. The respondent No. 2, i.e. the owner of the motorcycle, also submitted his Written Statement, wherein, it is stated that his brother/injured took his motorcycle on the relevant day of accident to attend his office at Kawaitary and he did not feel any hesitation to give his motorcycle as his brother/claimant had the valid driving license.

5. The respondent No. 1/claimant adduced his evidence as P.W.-1 in support of his case and the learned Member, Motor Accident Claims Tribunal, Bongaigaon, after hearing the argument from both sides and also considering the materials on the record, passed the impugned judgment & order and awarded an amount of Rs. 1,25,499/-, along with 6% interest from the date of filing of the evidence till realization, with a further direction to pay 50% of the awarded amount to the present appellant/insurer of the motorcycle and the respondent No. 5, i.e. the Oriental Insurance Company Ltd., was directed to pay the other 50% of the total awarded amount.

6. On being highly aggrieved and dissatisfied with the impugned judgment and award, dated 2