NATIONAL INSURANCE CO LTD Vs. PREMBAI PATEL

JUDGEMENT

(1.) The appellant insurance company has preferred this appeal, by special leave, against the judgment and order dated 9.1.1998 of High Court of Madhya Pradesh by which the appeal preferred by respondent nos. 3 to 6 (claimants) was allowed and the appellant insurance company was directed to pay Rs. 2,10,000/- along with interest @ 12% per annum from the date of filing of the claim petition, i. e. , 21.4.1994 as compensation to them on account of death of Sunder Singh in an accident.

(2.) The respondent no. 2, Chiman Patel, was owner of truck no. CIL 5248 and the same was got insured by him with the appellant national Insurance Company Ltd. for the period 18.1.1993 to 17.1.1994. The de ceased Sunder Singh, aged about 35 years, was employed by him as a driver of the truck on a salary of Rs. 1,5007- per month. The truck, while carrying a heavy load of firewood overturned on 9.11.1993, resulting in death of its driver Sunder Singh. Respondent nos. 3 to 6, who are parents, widow and son of the deceased Sunder singh, then filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") , claiming rs. 5,40,000/- as compensation. Their case was that the truck was more than fifteen years old, had been poorly maintained and was not in roadworthy condition. While sunder Singh was driving the truck its arm bolt broke down and on account of heavy load it got overturned in which Sunder singh was crushed and he died instantaneously. The claim petition was contested by the owner of the truck mainly on the ground that Sunder Singh was driving the truck after consuming liquor and the accident took place on account of his own fault. It was denied that the truck was not properly maintained or that it was not in roadworthy condition or that it was overloaded. The appellant insurance company also contested the claim petition taking various pleas.

(3.) The Motor Accident Claims Tribunal, bilaspur, after appreciating the evidence on record, held that the deceased Sunder singh was himself responsible for the accident and accordingly dismissed the claim petition. Feeling aggrieved, the claimants preferred an appeal before the High Court under Section 173 of the Act. The High court held that it was fully established that the accident took place due to the fact that the arm bolt of the truck broke down and not on account of any negligence on the part of the driver of the truck. Taking into consideration the age of the deceased and the salary which he was drawing, an amount of Rs. 2,10,000/- was awarded as compensation. The claimants were also held entitled to interest on the aforesaid amount @ 12% per annum from the date of filing of the claim petition. It was further held that the insurance company was liable to satisfy the whole award and consequently a direction was issued to the appellant to pay the entire amount of compensation awarded to the claimants.