NATIONAL INSURANCE CO LTD Vs. SUKHBIRI

JUDGEMENT

(1.) THE award impugned before this Court is the Award dated 26.8.2008 vide which compensation in the sum of Rs.3,63,000/-- along with interest at 7.5% P.a had been awarded in favour of claimants. This claim petition had been filed under Section 163A of the M.V.Act.

(2.) FACTS were that on the intervening night of 17/18.4.2005 Davinder @ Babloo, Lakshman and their friends were going on their motorcycle; the motorcycle suffered an accident; an unknown vehicle hit the motorcycle from behind as a result of which the motorbike and the riders were thrown of balance. Davinder and Lakshman fell down; they were crushed by some unknown vehicle; they both died. The vehicle was being driven by Lakshman. Davinder was the pillion rider. Sukhbiri is the claimant of deceased Lakshman.

(3.) THE facts of the instant case are by and large similar. THE driver of this vehicle was Lakshman; on the evidence recorded, court had noted that death of the victims Davinder and Lakshman is the result of the road accident. Learned counsel for the respondents has also not disputed the ratio of Nigamma (supra). His contention is that this judgment is again being reviewed by the Apex Court. Be that as it may, the law as it stands today is that driver/owner who dies in an accident his legal heirs are not entitled to a claim under Section 163A of the M.V.Act.