UNITED INDIA INSURANCE CO LTD Vs. SHANTHAVVA

JUDGEMENT

(1.) ONE Ashok Mudukappa Bhandari is the deceased. The wife and children are the petitioners. The deceased is a spare driver of the truck. The claims Tribunal awarded compensation of rs. 2,69,000 to the petitioners and directed the insurer to pay the compensation. The insurer is in appeal.

(2.) SECTION 147 proviso (1) (a) reads thus:

(3.) THE counsel for the insurer argued that the words 'engaged in driving' the vehicle would mean the driver on the steering and not a spare driver. The Central motor Vehicles Rules permit employing an additional driver. Continuous long driving causes exhaustion and tedium which further exposes to the risk of accident, therefore engaging spare driver is permitted by law. The tariff regulations permit the coverage of risk of spare driver on the payment of additional premium.