NATIONAL INSURANCE COMPANY LTD. Vs. DEEPA JOJI

JUDGEMENT

(1.) The 2nd respondent, Insurer, in OP (MV) No. 576/1999, on the file of the Motor Accidents Claims Tribunal, Pala, is the appellant. The appeal is filed against an interim award passed in the Original Petition, by which, the Tribunal had allowed the legal representatives of the deceased Joji, who died in a motor vehicle accident, an amount of Rs.50,000/- as compensation, under S.140 of the Motor Vehicles Act.

(2.) The short facts necessary for the disposal of the appeal are as follows: Deceased Joji was driving a maruti car bearing Registration No. KL 5A 6693, at about 1 p.m. on 23/01/1999. It met with an accident and Joji died in the accident. His widow and minor child filed the Original Petition claiming an amount of Rs.96,200/- as compensation. In the Original Petition, there was no averment as to how the accident took place. In column - 18, it was admitted by the petitioners that the deceased was driving the vehicle. Appellant, Insurer, entered appearance and filed a written statement, denying its liability. It was contented that the deceased was the son of the owner of the vehicle, and the accident occurred due to his negligence. It was also contended that the vehicle was covered with an Act only policy. It was further contended that since the accident occurred solely due to the negligence of the deceased himself, respondents petitioners are not entitled to get any amount as compensation. In the Original Petition, claimants / respondents filed IA No. 1625/99 for passing an interim award under S.140 of the Motor Vehicles Act. The appellant filed objection contending that the deceased was the son of the owner and the vehicle was covered with an Act only policy, and as such, the respondent are not entitled to get any compensation. The Tribunal took a view that since the claim is under S.140 of the Motor Vehicles Act, even if the accident occurred due to the negligence of the deceased, his legal representatives are entitled to get a compensation of Rs.50,000/- under S.14 of the Motor Vehicles Act, and passed an interim award to that effect. Challenging that decision, Insurer has filed this appeal.

(3.) The learned counsel appearing for the appellant has argued that in this case, the Insurer had absolutely no liability to indemnify the insured. The counsel for the appellant has relied on the decisions reported in G. Appala Narasimka Raju v. National Insurance Co. Ltd., 2007 KHC 3220 : JT 2007 (3) SC 556 : AIR 2007 SC 2907 : II (2007) ACC 880 (SC); New India Assurance Co. Ltd. v. Meera Bai, 2006 (9) SCC 174 : III (2007) ACC 665 (SC); Oriental Insurance Company Limited v. Meena Variyal, 2007 KHC 3299 : JT 2007 (5) SC 65 : 2007 (5) SCC 428 : ILR 2007 (3) Ker. 569 : AIR 2007 SC 1609 : IV (2007) ACC 335 (SC); and Yallawwa v. National Insurance Co. Ltd., 2007 (2) KHC 572 : 2007 (6) SCC 657 : 2007 (3) KLT 91 : AIR 2007 SC 2582 : III (2007) ACC 269 (SC).