ORIENTAL INSURANCE COMPANY LIMITED Vs. THAYAMMA

JUDGEMENT

(1.) This appeal is filed by the insurer challenging the Judgment and Award passed by the Tribunal directing the insurer to pay a sum of Rs.1,00,000/- to the claimants towards the personal accident cover as per the insurance policy.

(2.) The claim petition discloses that the deceased who was riding a motor cycle, dashed against a parked lorry. The police filed a charge sheet against the deceased - rider of the motor cycle which abated. The parents of the deceased filed a claim petition under Section 140 of the Motor Vehicles Act (for short hereinafter referred to as MV Act ) claiming compensation of a sum of Rs.10,00,000/-.

(3.) Before the Tribunal, the claimant No.2 was examined as PW1, who marked Exs.P1 to P7, while, an executive of the insurer was examined as RW1, who marked Ex.R1 - insurance policy. The Tribunal noticed that the accident was due to the negligence by the rider of the motor cycle and therefore, the Tribunal felt that the insurer of the motor cycle was not responsible to pay the compensation. Though the claim petition was filed under Section 140 of the MV Act, which entitled the claimants only to a sum of Rs.50,000/-, the Tribunal noticed that the owner - driver of the motor cycle was entitled to a personal accident cover of Rs.1,00,000/-. Therefore, the Tribunal felt it appropriate to pass an award directing the insurer to pay a sum of Rs.1,00,000/- along with interest. It is this Judgment and Award which is challenged by the insurer in this appeal.