NEW INDIA ASSCE CO LTD Vs. MEENAXI

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the judgment and award dated 20-2-1979 passed by the Accidents Claims Tribunal, II Belgaum, in M.V.C. No. 24 of 1978, on its file, awarding compensation of Rs. 34,000 to the claimants and fixing the liability jointly and severally on all the respondents including the Insurance Company.

(2.) THE ground made out by the Insurance Company in this appeal is that the Insurance Company's liability is limited to what is stated in the Workmen's Compensation Act as per S. 95 of the Motor Vehicles Act as the person who died was a Hamal who was travelling in the lorry. Sec. 95(2) of the Motor Vehicles Act makes it clear that the liability of the Insurance Companv for the death of an employee like a Hamal is limited to what is contained in the Workmen's Compensation Act. THE Hamal, according to the evidence on rerord was getting Rs.300/- per month. Under Schedule IV of the Workmen's Compensation Act (amended) for the death of a workman getting between Rs. 200 and Rs. 300 per month the quantum prescribed is Rs. 18,000 as compensation. Hence, the Tribunal ought to have fixed the liability of the Insurance Company under S.110-B of the Motor Vehicles Act at Rs.18,000/-. To that extent the appeal is entitled to succeed. In the result, the appeal is allowed. THE liability of the Insurance Company is limited to Rs.18.000/- along with interest and costs. THE balance shall be paid by the owner and the driver of the vehicle jointly and severally.