DIVISIONAL MANAGER Vs. YOGESHWARI

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act has been filed by the insurance company assailing the award dated 10.05.2011 passed by the 4th Additional Motor Accident Claims Tribunal, Durg (in short, the Tribunal) in Claim Case No.63 of 2011. Vide the said impugned award, the Tribunal in a death case has awarded a compensation of Rs.4,51,900/- with interest @ 6 percent per annum from the date of application.

(2.) Rijendra Sahu, aged about 36 years, met with an accidental death on 16.01.2008. The accident arose when the deceased was driving Maruti Van bearing registration No.CG-04-ZD-3667 which belonged to respondent No.6 (who has since been deleted on getting expired). The legal representatives of the deceased Rijendra Sahu filed a claim application under Section 163-A of the Motor Vehicles Act claiming compensation. The Tribunal had vide impugned award allowed the claim application giving rise to present appeal by the insurance company.

(3.) Learned counsel for the appellant-insurance company challenges the award on three grounds. Firstly, the offending vehicle was being used for commercial purpose whereas the vehicle was registered and insured for private use. He submits that there is an evidence on record which shows that the deceased was driving Maruti Van attached to a School and that it was being used for carrying children of the School from their residence to School and back. Further, since there is evidence on record which reflects that the vehicle was being used for transportation of children of the School, it would establish the fact that it was being used for commercial purpose.