Sikkim High Court
MAC App./5/2009 of The Branch Manager Oriental Insurance Company Ltd and Anr Vs Pawan Moktan and others on 17 May 2010
COURT | OF SIKKIM : GANGTOK (Civil Appe|]ate Jurisdiction) MACApp NoS.04 & 05 of 2009 The Branch Manager, Orient:al Instrrance Company Ltd., 573, Chiragpelhi, New Delhi. : The Branch Manager, Oriental InsLrance Company Ltd., Branch Office : M. G. Marg, Gangtok, Ea'st sikkim. versus Shri
THE HIGH COURT |OF SIKKIM : GANGTOK
(Civil Appe|]ate Jurisdiction)
MACApp NoS.04 & 05 of 2009
The Branch Manager,Orient:al Instrrance Company Ltd.,573, Chiragpelhi,New Delhi. :The Branch Manager,Oriental InsLrance Company Ltd.,Branch Office : M. G. Marg,Gangtok, Ea'st sikkim.I.... Appellants
versus
Shri Pawan Moktan,S/o Lat:e Buddha Mokt:anMs. Parbil M,oktan,D/o Lat:e Bu:ddha Moktan,All R/o lndirS Bye Pass,:i.nog.d&n8.3.uEt#gtok,East Sikkim'; Mrs. Kanta, ,¥8/£7;A:jKDoiya:Shuab:::kpur,New Delhi. :..... Respondents For Appellants: Mrs. Laxmi Chakraborty, Advocatewith Ms. Manju Rai, Advocate.ForRespondentNos.1to2 : Mr. Ajay Rathi, Advocate with Ms.Sushma Pradhan, Advocate.For Respondent No. 3: Noneappears.
BEFORE : HON'BLE MR. JUSTICE S.||P. WANGDI, ACTING CHIEF JUSTICE.
Last date of hearing : 13-05-2010
DATE OF JUDGMENT = 17-05-2010
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JUDGMENT
Wangdi, ACJ.
The facts and circumstances of the aforesaid appealsbeing the same as in the case of MACApp no.3 of 2009 in thematter of Branch Manager & Anr. vs. M. K. Subba & Ors. as thecleat:hs had occurred in the very accident involved in that case,they are not being dealt with|,to avoid repetition. In MACApp no.4of 2009 arising out of t:he judgment dated 19-12-2006 in M.A.C.T.Case no.18 of 2006 of the Member, Motor Accident ClaimsTribunal, East & North Sikkim at Gangtok, the claim has beenmade in respect of deceased Hem Kumari Lama (Moktan), t:hemot:her of respondents no.1,and 2, and in MACApp no.5 of 2009arising out of the judgment dat:ed 19-12-2006 in M.A.C.T. Caseno.20 of 2006 of the Member, Mot:or Accident Claims Tribunal, EastI& North Sikkim at Gangtok, the compensation has been sought forin respect of the death of the deceased Buddha Tamang (Moktan)who was t:he husband of the deceased Hem Kumari Lama (Moktan)iand the father of respondents no.1 and 2.
2'In all t:he 3 (three) cases, the primary witness is t:hesame Mrs. Shrijana Pradhan, wife of Mr. Pawan Moktan, therespondent no.1, who had appeared as PW2. The FIR in t:hese 2(two) cases is the very same one involved in MACApp no.3 of2009. The grounds set up by the appellants seeking to impugnthe award in all the three appeals are common, i.e., the vehiclethat met wit:h the accident: being a private car, had been hired outto t:he deceased, and this being a violation of the terms of t:he
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insurance policy, the appellants-insurers could not be held liable forpayment of the compensation. Therefore, the finding in respect ofMACApp no.3 of 2009 would apply in equal force in these 2 (two)appeals and consequently result in them facing the same fate asMACApp no.3 of 2009.
3. In the result, these appeals stand dismissed.
4. The appellants are directed to pay the compensationawarded by the claims Tribunal in equal portions to therespondents no.1 and 2 within a period of 30 days with interestcomputed from the date of the claim till it is finally paid to theclaimant:s. Failing to comply with an addit:ional interest of 20/o shallbe paid by the appellants-insurance company. The appellants aredirected t:o submit compliance report within a period as stipulatedherein.
5. No order as to costs.
6'A copy of t:he judgment be sent to the court below forinformation and compliance.
The records of the court below be returned forthwith.
Judge17-05.2010