UNITED INDIA INSURANCE CO LTD Vs. JAHUR BEGUM

JUDGEMENT

(1.) THIS appeal under section 173 (1) of the Motor Vehicles Act, 1988 arises from the judgment and award dated 12. 7. 94 whereby the Tribunal has awarded compensation to the tune of Rs. 50,800 with cost and interest at the rate of 6 per cent per annum from the date of petition till the date of realisation payable by the respondent Nos. 1 to 3 jointly and severally. Respondent No. 3 before the Tribunal is the appellant in this present appeal.

(2.) ON behalf of the appellant only one contention has been raised that the learned tribunal has erred in fastening the liability on the insurance company with reference to the death caused in the accident particularly when the deceased person was a passenger in the jeep covered by the 'act policy'. Learned counsel contended that the Tribunal erred in not seeing the insurance covered jeep bearing No. MGR 7095 only for third party risk, i. e. , the 'act policy' which covers only liability for third party and it does not cover the liability of the occupants in the jeep.

(3.) WE have applied our mind to the above contention raised on behalf of the appellant. It will be appropriate to refer and quote section 147 (1) of the Motor vehicles Act, 1988, as quoted hereinafter: