IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.82 of 2007 BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD. & ANR Versus MOST.MALTI DEVI & ORS ----------- 7/ 18.08.2008 Nobody appears for the respondents. Heard the learned counsel for the appellant the Oriental Insurance Co. Ltd. It has been submitted that deceased along with other passenger were traveling in a Tata Maxi-407 bearing registration no. BR-9B/5709 and there was collision between aforesaid maxi and Tank lorry bearing registration no. BR-10B-4967, and driver of both vehicles were made accused and due to this collision, the passenger boarding the smaller one i.e. Maxi sustained injuries and one of them died. Surprisingly enough, it has further contended, while passing impugned order, the Insurance Company for owner of the said tank lorry has been spared and entire liability has been fastened on the shoulder of the owner or insurer of the Tata Maxi. In the facts and circumstances, when it is a case that there was collision of two vehicles from two opposite directions the injury or damage likely to be sustained would be more by the vehicle having lesser quantum of momentum. The presumption in the circumstance would be that a tank with heavy weight and thereby greater momentum could be instrumental in causing death of the passengers boarding smaller vehicle like Tata Maxi and for that there is no justification to 2 spare owner or insurer of the tank lorry. However, in all fairness, the learned counsel for the Insurance Company has submitted that the present appellant is ready to bear 50% of the aforesaid amount. With the aforesaid modification that out of Rs. 50,000/- to be paid by the appellant and should pay 50% i.e. Rs. 25,000/- and remaining half to be realized from the insurer or owner of tanker lorry. The driver of which has also been charge sheeted in course of the police investigation. However, it is made clear that Rs. 25,000/- which has been deposited by the appellant should be sent back to the court below for the payment to the claimant. The computation of interest shall be considered in time of final disposal of the case. With the aforesaid modification, the appeal is allowed. Sanjeet (Subash Chandra Jha, J.)