NATIONAL INSURANCE CO LTD Vs. VEENA

JUDGEMENT

(1.) Insurance company is the appellant herein. It challenges the order of the Motor Accidents Claims Tribunal, Kasaragod in O.P.(MV) No.226 of 1994 insofaras it covered compensation amount under the Workmens Compensation Act in a petition under S.166 of the Motor Vehicles Act. Respondents 1 to 4 are the legal representatives of a driver who lost his life in a motor vehicle accident. While the deceased was driving the vehicle, bearing No.KL-14/4399, owned by the fifth respondent and insured by the appellant insurance company, it collided with another stage carriage vehicle, CNO 9172. The Tribunal found that the accident happened due to the negligence of both drivers and 50% liability was cast on both drivers. The Tribunal calculated a total compensation of Rs. 2,80,000/- and directed the owner and insurance company of the vehicle, bearing No.CNO9172 to pay 50% of the above amount. The Tribunal held that the owner of the vehicle KL-14/4399 is not liable to pay compensation under the Motor Vehicles Act. Thereafter, the Tribunal found that apart from the third party liability which is to be satisfied by the insurance company and owner of the vehicle CNO 9172, owner of the vehicle KL-14/4399 and the fourth respondent insurance company are liable to pay workmens compensation liability amounting to Rs. 85,000/-. The quantum of compensation and finding of negligence are not questioned in this appeal.

(2.) The main contention raised by the appellant is that the Tribunal cannot award compensation under S.166 of the Motor Vehicles Act and workmens compensation liability together in one and the same case. S.167 of the Motor Vehicles Act reads as follows:

(3.) The matter is now directly covered by the Supreme Court decision in Tamil Nadu State Transport Corporation v. Natarajan and Others 2003 (6) SCC 137 wherein in an identical situation at Para.9 the Court held as follows: