The court ruled that an insurance company's admission of liability in its written statement is binding and cannot be contested at the appeal stage, while striking off the penal interest imposed by the Tribunal.

JUDGMENT :

On behalf of appellant, learned Counsel Mr. Manish Kumar and on behalf of respondent No.3, learned Counsel Mr. Rohit Ranjan Sinha are present.

2. No one appears on behalf of rest of the respondents.

3. This Appeal has been preferred on behalf of appellant-National Insurance Company dissatisfied with the Judgment/Award dated 31.08.2019 passed in Motor Accident Claim Case No. 31 of 2018 by the learned District Judge-II cum M.A.C.T., Giridih whereby the learned Tribunal has directed to pay a sum of Rs. 2,85,275/-.

4. The brief facts leading to this Misc. Appeal are that the Claim Petition was filed on behalf of claimant Asmin Parveen @ Nagmi with these averments that on 21.04.2017 she along with her family members was going to her house by the Bolero Vehicle No. JH-02U-5280 after having attended the marriage ceremony from Deoghar and at 12:30 when she reached near the village Jhalakdiha, the driver of the Truck No. JH-11F-9616 driving the Truck rashly and negligently dashed to the Bolero Vehicle whereby Md. Adil Ansari died at the spot and the claimant along with other passengers sustained injuries. They were brought to the Sadar Hospital for treatment. Bengabad P.S. Case No. 128 of 2017 was registered under Sections 279, 337, 338 and 304(A) of I.P.C. against the driver of offending Truck No. JH-11F-9616. The claimant was a private tutor cum B.Sc. student and was earning Rs. 10,000/- per month by giving tuition. She was 22 years old at the time of accidence. Hence the compensation amount was claimed.

5. Notice were issued to O.P.No.1 the owner of the offending Truck, O.P.No.2 insured owner of the offending Truck, O.P.No.3 driver of the offending Truck, owner of the Bolero Vehicle No. JH-02U-5280 and O.P.No.6 driver of the Bolero but none of them appeared. Hence the proceeding of the Claim Petition was proceeded against them ex parte.

6. The O.P.No.4 the Insurance Company of the offending Truck filed the written statement in which it was stated that the Claim Petition was not maintainable indeed the said accident was the result of head on collision between Bolero vehicle and the Truck. The Insurance Company of the Bolero vehicle has not been impleaded party to this Claim Petition. The driver of Bolero was not having the valid and effective driving licence who was also negligent in causing the accident. It is further stated that injured Asmin Parveen @ Nagmi is herself guilty of wilful contributory negligence and the case was of contributory negligence between the driver of the Bolero and the driver of the offending Truck.

7. On the basis of the pleadings of the parties, the learned Tribunal framed the following issues:

i. Is the suit maintainable in its present form ?

ii. Is there any cause of action for the suit ?

iii. Whether the accident took place on 21.04.2017 at about 00:30 A.M. due to rash and negligent driving of the driver of offending vehicle i.e. Truck No. JH-11F-9616 causing injuries of the claimant Asmin Parveen ?

iv. Was the driver of the alleged vehicle had valid and effective driving licence and the offending vehicle was insured with O.P.No.4 National Insurance Company Limited on the date and time of accident?

v. Is the Claimant entitled for compensation and if so, for what amount and from whom ?

vi. To what relief or reliefs, if any, the Claimant is entitled ?

8. On behalf of claimant in oral evidence examined P.W.1 Md. Naushad, P.W.2 Md. Israfil and P.W.3 Asmin Parween @ Nagmi claimant herself and in documentary evidence filed exhibits Ext.-1 the C.C. of F.I.R. of Bengabad P.S. Case No. 128 of 2017, Ext.2- C.C. of Release Petition of Truck No.JH-11F-9616, Xerox copy of Money Receipt No. 307 dt. 23.4.17 of Jain Hospital is marked ‘X’ for identification, Original Discharge Slip of Jain Hospital is marked ‘X/1’ for identification, Original Medicine Final Bill of the Mission Hospital is marked ‘X/2’ for identification, Xerox copy of Insurance Policy of Truck No. JH-11F-9616 is marked ‘X/3’ for identification, Xerox cop