THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. LISSY

JUDGEMENT

(1.) These matters were actually heard and the judgment was dictated in the Open Court on 15.10.2015. But subsequently it was noted that there was some mistake in the calculation and hence the items were listed again before the Court and heard both the sides accordingly. These appeals arise from the verdict passed by Motor Accidents Claims Tribunal, Pala in O.P.(MV) No. 1007 of 2008 on 08.03.2002. MACA No. 1794 of 2012 has been preferred at the instance of the Insurance Company, whereas the other appeal has been preferred at the instance of the claimants.

(2.) The challenge raised by the Insurance Company is that there was absolutely no liability for the Insurance Company, as the accident involved in these appeals was a self invited one; in the course of driving of the lorry by the deceased himself, which does not come within the purview of policy coverage. The grievance in the other appeal preferred by the claimants is with reference to the inadequacy of the compensation awarded under different heads.

(3.) Coming to the minimum extent of facts required for effective adjudication of these cases, the accident was occurred on 04.06.2008 when the lorry bearing No. KL 05 Q 1566, which was owned by the first respondent in MACA No. 1901 of 2012 [5th respondent in the other case] and driven by the deceased, capsized leading to fatal injuries resulting in death of the driver of the lorry. This was sought to be compensated by filing claim petition by the appellants in MACA No. 1901 of 2012. The claimants put up a case before the Tribunal that the deceased was having a monthly income of Rs.3300/- by virtue his engagement as the driver and the claim was sought to be satisfied attributing liability upon the insurance company.