UNITED INDIA INSURANCE COMPANY LIMITED Vs. V NARAYAN

JUDGEMENT

(1.) One Raghu is the deceased in MVC No.39/01. The parents are the petitioners. According to the petition averments, the deceased was a cleaner in a passenger jeep who died on account of rash and negligent driving of the jeep.

(2.) The Supreme Court in the case of Rameshray Singh Vs. New India Assurance Company limited and Others AIR 2003 SC 2877 while interpreting the provisions of Section 147 of the Motor Vehicles Act (for short, the Act) has held that there is no obligation for the insurer to cover the risk of a cleaner in a passenger vehicle under the Act Policy. The insurer has produced the policy marked at Ex.R.1. The insurer has collected additional premium to cover the risk of nine persons in the vehicle under the Personal Accident Benefit Scheme. The said coverage is not a statutory coverage as required under Section 147 of the Act. But it is by way of a special contract the insurer has undertaken liability to pay compensation to an extent of Rs.50,000/- per person. The petitioner may have to approach a different forum in order to secure the said benefit under the Personal Accident Benefit Scheme. It would be too technical to drive the petitioner to approach another forum. Since the policy obligates with the limited liability on the insurer to an extent of Rs.50,000/- per person, it is just and proper to direct the insurer to pay a just compensation of Rs.50,000/ as against Rs.1,33,000/- awarded by the tribunal with 6% interest Per annum payable from the date of petition till the date of payment. The balance of the compensation shall be payable by the owner. Rest of the award is confirmed.

(3.) The amount in deposit be transferred to the tribunal for payment.