NEW INDIA ASSURANCE COMPANY LIMITED Vs. USHA

JUDGEMENT

(1.) This appeal by New the judgment and award dated 15.9.2009 India Assurance Co. Ltd. is directed against passed by the Motor Accidents Claims Tribunal No. 3, Bijapur, in M.V.C. No. 1336 of 2006. By the impugned judgment, the Tribunal has awarded a compensation of Rs. 4,40,000 with interest thereon at 6 per cent per annum to the claimants, who are arrayed as the respondent Nos. 1 to 7 herein, for the death of one Tukaram Kore on 14.9.2006 due to the injuries suffered by him in a motor vehicle accident that occurred on 25.8.2006, due to rash and negligent driving of the truck bearing No. JH 05-A 8675. Claimants are the widow, children and mother of the deceased. At the time of accident, the deceased was riding a motor cycle bearing No. MH 13-AG 2685 along with his daughter on the pillion.

(2.) I have heard the learned counsel appearing for the appellant insurance company and perused the impugned judgment.

(3.) The sole contention urged by learned counsel for appellant insurance company is that the appellant, under the insurance policy, Exh. Rl, has not covered any liability which the insured could have incurred relating to 'public risk', as no premium was collected in that behalf. It is only a 'motor road transit policy' issued in favour of Tata Motors Limited for the period from 1.1.2006 to midnight of 31.12.2006, by collecting a premium of Rs. 75 covering only the risk of 'own damage', i.e., damage to the insured truck. The learned counsel further submitted that as no other liability including the liability relating to any third party risk is covered under the aforesaid policy, Exh. Rl, the Tribunal had erred in law in making the appellant insurance company liable for the award.