IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.65 of 2007 ORIENTAL INSURANCE COMPANY LTD. Through the Chief Regional Manager at Regional office, Pirmohani, P.S.- KadamKuan, Patna. ……………………Appellant Versus SUNIL KUMAR @ SUNIL KUMAR CHAURASIA S/o- Kuldeep Prasad Chaurasia, Village- Harinagar, P.O.- Maheshkhunt, P.S.- Gogri, Distt.- Khagaria. …………………… Respondent/claimant ----------- 9/ 30.09.2008 Heard learned counsel for the appellant. Nobody appears for the respondent-claimant although his name appears in the cause list. The judgment and order under challenge is dated 01.11.2006 passed in Claim Case No. 01 of 2002, by the Additional District Judge-Cum-Fast Track Court-III-Cum- Presiding Officer, Motor Vehicles Accident Claim Tribunal, Khagaria, whereby and whereunder the claim petition filed by Sunil Kumar @ Sunil Kumar Chaurasia, has been allowed and the appellant-Oriental Insurance Company Ltd., has been directed to pay a sum of Rs. 3, 00,000/- (Rs. Three lakhs only) by way of compensation which was sought for by the injured claimant. Facts giving rise to the filing of the claim case is that on 07.08.2001 at about 11.00 A.M. Majoranjan Sah along with his friend Sunil Kumar @ Sunil Kumar Chaurasia was proceeding on a Rajdoot Motorcycle bearing registration No. BR-34-4172, when they reached near Deotha Mandir on N.H.-31, an unknown truck which was being run rashly and negligently by the driver from opposite direction and as such due to head on collision, and Manoranjan Sah - 2 - who was driving the motorcycle ultimately, succumb to injuries whereas respondent–claimant sustained severe injury but he survived. The respondent Sunil Kumar @ Sunil Kumar Chaurasia filed claim case with the aforesaid averments and produced some medical prescription, vouchers, etc., and ultimately impugned order was passed. The points who have been raised here, while assailing the impugned judgment is that it will not come within the ambit of Section 166 of the M.V. Act, rather it would attract Section 161 of the M.V. Act, wherein a clear cut provision has been made in respect of death or injury caused to the person of Rs. 25,000/- or Rs.12, 500/- respectively. The appellant happens to be insurer of the motorcycle bearing registration No. BR- 34/4172 on which the deceased and claimant have been proceeding and they met same accident. The heavy vehicle truck which dashed them could not be located and so F.I.R. has been drawn against unknown. It has been submitted that the learned Tribunal should have first of all framed issue regarding maintainability of such claim under Section 166 of the M.V. Act, which should also have framed as to whether a pillion rider is entitled to recover compensation in such case. It should also have been an issue before the Tribunal as to what quantum of compensation was payable for which such claim petition was filed. From the impugned order, it appears that no such - 3 - issue have been framed and the points raised on behalf of the appellant-Oriental Insurance Company Ltd. requires due consideration and for that the impugned order can not be said to be sustainable on law as also on facts, so, the same stands set aside. The appeal thus, stands disposed of with a direction to give fresh finding after hearing points raised by the appellant-Oriental Insurance Company Ltd., and the amount of Rs. 25, 000/- (Rs. Twenty five thousand only) being the statutory amount which has been deposited here, is permitted to be withdrawn by the appellant- Oriental Insurance Company Ltd. Sanjeet (Subash Chandra Jha, J.)