ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. PHULESHWARI

JUDGEMENT

(1.) THE insurer of dumper/tipper bearing registration No.CG 13 A 7141 has preferred this appeal challenging the award dated 30-11-2009 passed by the 4th Additional Motor Accidents Claims Tribunal (F.T.C.), Raigarh awarding compensation of Rs.3,02,000.00 in favour of the claimants/respondents No.1 to 3 and fastening liability of payment of compensation on the appellant/insurance company.

(2.) DECEASED Ajay Sahu was working as a helper in the offending dumper and while he was working as such in the said vehicle inside the Jindal Power Plant, the accident took place when the vehicle ran across his body causing grievous injuries resulting in his death on the spot. The vehicle was being driven rashly and negligently by its driver, respondent No.4 Jalsanram. The claimants claimed compensation of Rs.13,04,000.00 on the submission that they have lost the sole bread winner of the family on account of the accident and they deserve to be compensated adequately.

(3.) THE Claims Tribunal has fastened the liability on the appellant/insurance company for the reason that the deceased being a third party, the insurance company cannot be exonerated of its liability notwithstanding the cancellation of the policy of insurance.