Advocates:
['VIJAY KUMAR SHARMA', 'ALOK LAL', '', 'AMIT KUMAR']

1

M.A. No. 12 of 2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI

M.A. No.12 of 2013

------

1. Fulaiya Devi, wife of Mirja Bhuiyan

2. Mirja Bhuiyan son of late Budhai Bhuiyan.

Both residents of Village Kunda, Tola, Tikaitwan, P.O. & P.S. Kunda,

Dist. Chatra

....

....

…. Appellants

Versus

1. Shri Anugrah Narayan Singh, son of Sri Anant Singh, R/o Tetariya,

P.O. Pananiya, P.S. Amba, Dist. Aurangabad at present, village

Kunda, P.O. & P.S. Kunda, Dist. Chatra

2. The Oriental Insurance Company Ltd, Cinema Road, Dehari on Shon,

P.O. & P.S. Dehari On Shon, Rohtas- 821307, Bihar

....

....

.... Respondents

------

For the Appellants

: Mr. Vijay Kumar Sharma, Advocate

For the Respondent no.2 : Mr. Alok Lal, Advocate

: Mr. Santosh Kumar, Advocate

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------

By the Court:-

1.

Heard the parties.

2.

No one turns up on behalf of the respondent no.1- the owner

of the vehicle in-spite of repeated calls. Hence, this appeal is heard ex-

parte against the respondent no.1.

3.

This appeal is directed against the judgment and award dated

28.09.2012 passed by the Motor Accident Claim Tribunal, Chatra in

Claim Case No.23 of 2007 by which the learned Tribunal under Section

166 of Motor Vehicle Act has awarded a compensation of Rs.2,88,000/- to

the claimants to be paid by the owner of the vehicle.

4.

The brief facts of the case is that when the deceased Ranjit

Bhuiyan aged about 20 years on 08.02.2007 was going by a tractor as a

labourer, due to rash and negligent driving of the tractor, the said tractor

turned turtle causing injuries to the deceased and he succumbed to the

2

M.A. No. 12 of 2013

said injuries. It is stated that the deceased was earning monthly income

of Rs.3,100/-. The insurance company opposed the claim for

compensation on various technical grounds and claimed that the

deceased was travelling in the tractor as a gratuitous passenger hence,

the insurance company is not liable to pay the compensation amount.

The learned Tribunal assessed the monthly income of the deceased as

Rs.3,000/- and applied the multiplier 16.

5.

In view of the rival pleadings of the parties, the learned

Tribunal settled the following six issues:-

(i) Is the claim petition maintainable in its present form?

(ii) Whether Ranjit Bhuiyan died due to injuries caused

in the accident by tractor bearing registration

no.

BR-26-3084 which occurred on 08.02.2007 at 11:00 A.M.

at Dulariya bridge P.S. Pratappur, District- Chatra?

(iii) Was the accident caused due to rash and negligent

driving by driver of the said tractor?

(iv) Whether the tractor bearing registration no. BR-26-

3084 was insured with O.P. No.2 the Oriental Insurance

Company Limited at the time of accident and owned by

O.P. No.1?

(v) Whether there was any breach of condition of policy?

(vi) Are the claimants entitled for compensation?

6.

The learned Tribunal first took up issue nos. ii and iii together

and came to the conclusion that the deceased- Ranjit Bhuiyan died due to

the accident by the offending tractor which was rashly and negligently

driven by its driver and decided the issue nos. ii and iii in favour of the

claimants. Thereafter, the learned Tribunal took up issue no. i and iv and

3

M.A. No. 12 of 2013

held that the claim application is maintainable and the offending vehicle

was insured with the opposite party no.2- insurance company. Lastly, the

learned Tribunal took up issue nos. v and vi and held that the insurance

company is not liable to pay the compensation and directed the opposite

party no.1- owner of the vehicle to pay the compensation amount.

7.

Mr. Vijay Kumar Sharma, learned counsel for the appellants

submits that though the appellants have agitated several grounds in this

appeal memo but the appellants confine their prayer for