PANEER SELVAM Vs. JACOB

JUDGEMENT

(1.) The claimants are in appeal. The appellants are the aged parents and minor sister of one Joseph Madhavan, a 21-year old helper, who met with his death on 4.4.2000 under a concrete pillar, which was hit down by an excavator belonging to the contractor (1st respondent) under whom he was working. Allegedly, the accident was due to the negligent operation of the excavator by the second respondent, who was the driver. The 3rd respondent/Insurance Company was the insurer of the vehicle.

(2.) Against the claim of Rs. 5,30,000, the learned Tribunal awarded a sum of Rs. 2,48,670 as compensation attributing negligence against the second respondent. However, the Insurance Company was exonerated from paying the compensation on the ground that the deceased did not fall within the definition of 'third party' to get the insurance coverage under Ext. B1, which was an 'act only' policy. In this appeal, the appellants are challenging the adequacy of compensation as well as the finding exonerating the third respondent/ Insurance Company from the liability of paying compensation.

(3.) We have heard the learned Counsel for the appellants and the learned Standing Counsel for the third respondent/Insurance Company. The impugned award was also perused.