ORIENTAL INSURANCE CO LTD Vs. RAJWATI DEVI

JUDGEMENT

(1.) ON 24. 10. 1996, deceased Rajinder Prasad aged 28 years died when the TSR bearing registration no. DL IL-8661 which was being driven by him met with an accident. He was survived by wife, 2 children and mother.

(2.) IT was pleaded by the dependants of the deceased that deceased was employed as a driver with respondent No. 5, Ashok kumar Dureja (owner of the vehicle) and that he died during the course of his employment. Thus, they filed a claim petition under section 140 read with section 166 of the Motor Vehicles Act, 1988, claiming a compensation from the owner and insurer of the vehicle.

(3.) AS it was proved that the accident in question was caused due to overturning of the vehicle driven by the deceased and no other vehicle was involved in the accident, the Tribunal treated claim petition filed by the dependants as one filed under section 163-A of the Motor Vehicles Act, 1988.