UNITED INDIA INSURANCE CO LTD Vs. JULY

JUDGEMENT

(1.) Whether the insurer is entitled to reimbursement by the insured of the amount deposited by them satisfying an award passed under Section 140 of the Motor Vehicles Act when the Motor Accidents Claims Tribunal ultimately finds that the claim is not covered by the Insurance Policy issued in respect of the vehicle involved in the motor accident, is the question raised in this appeal.

(2.) The brief facts necessary for the disposal of this appeal are stated as follows: Kochuthresia, the deceased in this case, was a pillion rider on a motor cycle driven by her son, the 4th respondent, on 21.11.2003. Due to rash and negligent driving of the motor cycle by the 4th respondent, Kochuthresia fell down on the road and was fatally injured. She succumbed to the injuries on the next day. Her husband, two daughters and son, as petitioners 1 to 4 respectively, filed O.P.(M.V.) No.78 of 2004 under Section 166 of the Motor Vehicles Act (for short, the Act) in the Motor Accidents Claims Tribunal, Thrissur (for short, the Tribunal) claiming compensation on account of her death, from the 4th respondent, the owner-cum-driver of the motor cycle, and the appellant, the insurer of that vehicle. They were respondents 1 and 2 respectively in the original petition. During the pendency of the original petition, the 1st petitioner expired. His children, namely, the petitioners 2 to 4 and the 4th respondent herein were recorded as his legal heirs. The respondents 1 to 3 in this appeal are the petitioners 2 to 4 in the original petition.

(3.) The learned Tribunal passed an order, on I.A.No.172 of 2004 filed in the original petition, on 8.10.2004 awarding a compensation of Rs.50,000/- to the claimants under Section 140 of the Act. The 4th respondent and the appellant were made liable for that amount. The appellant, being the insurer, was directed to deposit the same. Accordingly,the appellant deposited the said amount on 12.12.2005 and the claimants have realised their respective shares.