M AKKAWA Vs. NEW INDIA ASSURANCE CO

JUDGEMENT

(1.) A question very unusual in nature arises in this appeal by a non-suited claimant in a motor accidents claim pertaining to the death of the claimant's adult son in an accident that occurred on the 20th of March, 1977 at about 10-00 a.m. at a place called Doddabathi near Davanagete City in the district of Chitradurga . As a result of the mishap, the claimant's 27 years old son Bopanna alias Harish, sustained severe injuries to which he later on succumbed to the at C G. Hospital, Davanagere on the 21st of March, 1977.

(2.) Anent to his death the question that arises for consideration is, can a claim for compensation under "Act Policy" be pressed against the insurer of the motor vehicle where the accident- victim is the representative or agent-in this case also the son-of the ownercum-person insured of the vehicle involved in the accident ? Tracing back the proposition, the question would be whether the insurer under the 'Act Policy' liable for compensation for the death of the insured-owner of the vehicle, while travelling with his own goods in his own vehicle. If the insurer is not then, an agent or representative of the owner so travelling would be in no better position-unless such a person is a "Workman" travelling in the vehicle in the course of employment. The answer to this question, however, interesting academically, is not, perceived by the fall-out from this exercise, likely to bring to the grieving next of kin any solace with the dismissal of the claim by the Tribunal.

(3.) Before we go into this, question, leading to this unpalatable result, it is necessary to state a few facts that have led up to this appeal, which has certainly has had a checkered career bearing almost the appearance of being jinxed from the very beginning.