SHEELA BAI Vs. NEW INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) THIS is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 (henceforth "the Act, 1988") against the award dated 23-12-1996 passed by Third Additional Motor Accident Claims Tribunal, Raipur (henceforth "the Tribunal") in Claim Case No. 6 of 1996, whereby the claimants application has been dismissed.

(2.) FACTUAL matrix of the case in brief is that on 8-2-1996 Bholaram Lahare (since deceased) who was owner of the tractor and trolley bearing registration Nos. MP-23-G-2003 and MP-23-G-2004 respectively, driving the said tractor and trolley was going to Kamardiha. On way the said tractor and trolley fell down in the canal, resultant Bholaram sustained injuries and succumbed to those. Appellants who are the wife, children and mother of the deceased filed an application under Section 163A of the Act, 1988 for grant of compensation against the Respondent who is the insurer of the tractor and trolley. Respondent contested the claim, inter alia, on the ground that license of the deceased was forged, without imp leading owner insurer cannot be held liable for any award. Their liability extends to the death of third party and not to the death of owner.

(3.) LEARNED Counsel for the Appellants contended that under Section 163A of the Act, 1988, the legal representatives of owner of the vehicle are entitled for grant of compensation.