ORIENTAL INSURANCE CO LTD Vs. N KUNHAPPU

JUDGEMENT

(1.) THE question involved in this appeal by the insurance company is whether the Tribunal could have awarded compensation under section 163-A of Motor Vehicles Act, 1988 ('the act' for short) when the claim petition was filed simultaneously under sections 166 and 163-A of the Act.

(2.) THE facts necessary for our purpose briefly stated are to the effect that a claim petition was filed under section 166 read with section 163-A of the Act by claimants and the Claims Tribunal, after considering the evidence placed before it, found that the income of the deceased was not more than Rs. 40,000 p. a. Therefore, it suo motu treated the petition as one under section 163-A of the Act when no such option was exercised by the claimants and proceeded to award the compensation of Rs. 4,57,833 by putting the liability on the appellant insurance company. Incidentally, this is a case where the two vehicles were involved in the accident and one of the vehicles had no insurance coverage.

(3.) WE have heard the submission made by learned counsel, Mr. S. V. Hegde, for the appellant insurance company as well as the learned counsel, Mr. T. N. Vishwanath, for the claimants. Both the counsel have referred the decisions of the Apex Court as well as of this court to urge their rival contentions.