ORIENTAL INSURANCE COMPANY LIMITED Vs. FATMA BEGAM

JUDGEMENT

(1.) This appeal arises out of impugned award dated 17-07-2014 passed by the Motor Accident Claims Tribunal (for short, "the Tribunal"), Mahasamund, in Claim Case No. 56 of 2013 awarding a compensation of Rs. 6,34,000/- in favour of respondents No. 1 to 2/claimants for death of Mohammad Ikbal Khan in a motor accident.

(2.) Facts of the case, in brief, are that deceased Mohammad Ikbal Khan was driving a truck bearing registration No. C.G.17-ZC/0108, which was dashed by unknown vehicle causing instant death of Mohammad Ikbal Khan. The compensation was claimed under Section 163-A of the Motor Vehicle Act 1988. The vehicle was insured for driver and owner. Yearly income of the deceased was stated to be Rs. 40,000/-.

(3.) Learned counsel appearing for the appellant submits that there was no driving licence to the driver Mohammad Ikbal Khan and it is a case of collusion between two vehicles, therefore, claim under Section 163-A of the Motor Vehicles Act is not maintainable. He further submits that the premium was paid for owner but the Tribunal has misinterpreted the word owner and driver.