UNITED INDIA INSURANCE CO LTD Vs. NAGARAJA

JUDGEMENT

(1.) THE petitioner in m. V. C. No. 1625 of 1997 sustained personal injuries in a motor vehicle accident. The petition averments disclose that the petitioner was travelling in a goods vehicle as a spare driver. The Tribunal awarded compensation of Rs. 75,100 and directed the owner and insurer of the goods vehicle to pay the compensation. The insurer is in appeal to avoid liability on the ground that there is no statutory coverage for petitioner.

(2.) THE relevant provision of section 147 of the Motor Vehicles Act, 1988, reads thus:

(3.) THE words 'engaged in driving' would not necessarily mean that driver should be actually driving at the time of accident. The said words include a spare driver who is also obviously engaged for driving but on shift basis. The provisions of the Central Motor Vehicles Rules and the Tariff regulations permit engaging a spare driver in the course of long journeys. It is for the personal safety of the drivers and for public safety in the long journeys the drivers would drive on shift basis. The act policy covers the risk of only a driver. In case of spare driver, the Tariff regulations do permit coverage of risk of a spare driver on payment of additional premium.