IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.253 of 2010 THE MANAGER, THE ORIENTAL INSURANCE COMPANY LTD. SHEOHAR SADAN, FRAZER ROAD, PATNA-800001, AT PRESENT SUDARSHAN BUILDING, MUNICIPAL CHOWK, CHAPRA …… O.P.NO.1-APPELLANT, REPRESENTED BY THE CHIEF REGIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE, KADAMKUAN, PIRMOHANI, PATNA-3 Versus 1. KIRAN DEVI W/O LATE UMA SAH 2. ROHIT KUMAR S/O LATE UMA SAH AGED ABOUT 12 YEARS 3. RAHUL KUMAR S/O LATE UMA SAH AGED ABOUT 10 YEARS 4. GOLU KUMAR S/O LATE UMA SAH AGED ABOUT 4 YEARS, ALL MINOR SONS REPRESENTED THROUGH MOTHER GUARDIAN, RESIDENT OF VILLAGE NAYAGAON, P.O. & P.S. NAYAGAON, DISTRICT SARAN ….. CLAIMANTS-RESPONDENT 5. RAKESH KUMAR S/O NAVRANGE RAM, RESIDENT OF GORA BAZAR, DANAPUR CANTT., PATNA ….. O.P.NO.2-RESPONDENT ----------- 4. 30.11.2010 I.A. No.3244 of 2010 This Interlocutory application has been filed for condoning the delay in filing the appeal. Heard. For the reasons stated in the petition, the delay in filing the appeal is condoned. I.A. stands allowed. The appellant is aggrieved by the judgment dated 7.12.2009 and award dated 19.12.2009 passed by the Additional District and Sessions Judge I-cum-Accident Claim Tribunal, Chapra in Claim case No.2 of 2006, by which the appellant has been directed to pay a sum of Rs.2,80,000/- within two months, failing then 6% interest will be payable per annum from the date of the presentation of the case. The appellant is aggrieved by the fact that the 2 driver of the vehicle was not made a party and it appears that the driver did not have a valid licence and, therefore, the insurance company was not liable to compensate the complainant. On behalf of the complainant, it has been asserted that the judgment gives liberty to the appellant to realize the aforesaid amount from the owner of the vehicle if he had committed any breach in terms of the policy, which would disentitle him to compensate the complainant. Since the Tribunal has taken care that the insurance company should not be unnecessarily saddled with the liability which they were not bound in law to own, I see no reason to interfere with the judgment dated 7.12.2009 and award dated 19.12.2009 passed by the Additional District and Sessions Judge I-cum-Accident Claim Tribunal, Chapra in Claim case No.2 of 2006. The appeal is dismissed. The amount of Rs.25,000/- deposited by the company be given to the complainant as part of the award. Narendra/ ( Anjana Prakash, J. )