SHANTI BAI Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) THE claimants have preferred this appeal against the impugned award dated 19-11-2004, passed by the 10th Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal'), in Claim Case No. 05/2004.

(2.) THE claimants, unfortunate widow and minor children of deceased Dhakela claimed compensation of Rs. 24,35,136/- by filing a claim petition under Section 163A of the Motor Vehicles Act for his death in the motor accident on 28-03-2002. According to the claim petition, deceased Dhakela and his wife Shanti Bai were coming back to their village from Bankimongra on their motorcycle. As the road was too narrow deceased Dhakela with a view to give side to the Truck coming from the other side took down his motorcycle from the road. In the process the motorcycle skidded resulting in multiple serious injuries to Dhakela and his wife Shanti Bai. Dhakela was taken to the hospital Bankimongra from where he was referred to Bhilai Hospital. Dhakela was admitted in Sector-9 Hospital at Bhilai where he succumbed to his injuries on 31-03-2002. The claimants pleaded that deceased Dhakela was getting salary of Rs. 8,994/- per month from South Eastern Coalfields Limited.

(3.) THE Apex Court in the case of Dhanraj (supra) while considering the scope and extent of a 'Comprehensive Policy' observed in paras 7 to 9: We have seen the Policy. It is a comprehensive policy. The question that arises is whether a comprehensive Policy would cover the risk of injury to the owner of the vehicle also. Section 147 of the Motor Vehicles Act, 1988 reads as follows: Requirement of policies and limits of liability.-(1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which