NATIONAL INSURANCE CO LTD Vs. MUNESH DEVI

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of '4,65,800/- has been awarded to the respondents.

(2.) The accident dated 5 th December, 2004 resulted in the death of Sunil Singh Chauhan. The deceased was employed as a driver on tanker No.HR-55B-6161. On 5 th December, 2004 at about 12:00 p.m., the deceased parked the tanker at Village Hempur, Ismail, District Udham Singh Nagar and climbed over the tanker to check the inside condition of the tanker when he came in contact with an over-head electric wire and died on the spot. The deceased was survived by his father, widow and minor son who filed the claim petition under Section 163-A of the Motor Vehicles Act.

(3.) The learned counsel for the appellant has submitted at the time of hearing of this appeal that the deceased has not died because of any accident arising out of the use of the insured vehicle and, therefore, the appellant is not liable to pay any compensation. In the alternative, it is submitted that the liability of the appellant is restricted to '3,43,167/- under the Workmen s Compensation Act.