MATHEW KOSHY Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) CLAIMANT is the appellant. He filed a petition under s. 110a of the Motor Vehicles Act for compensation. The appellant was owner-cum-driver of an auto-rickshaw bearing registration No. KRP. 1591. When the appellant was driving his auto-rickshaw through Chittoor-Manapullykavu road, the vehicle fell into a ditch and capsized. The appellant was trapped underneath the auto-rickshaw and sustained bodily injuries. He was admitted in the District Hospital , Palghat as an inpatient. The appellant spent about Rs. 2000/- towards medical treatment. In spite of the treatment the appellant is disabled. He is unable to move his left hand. He would not be in a position to drive the auto-rickshaw. His income has been considerably reduced. He suffered mental agony and pain. Appellant alleges that the respondent being the insurer of the auto-rickshaw is liable to compensate him.

(2.) THE respondent, insurance company, denied their liability. THE policy issued by the respondent does not cover such a liability. THE negligence of the owner or the driver is a basic necessity for any liability under the policy. THE petitioner's risk is not covered by the policy. THE respondent is a general insurance company and there is no provision for covering the life of the insured under the motor policy. THE accident was due to the defect of the road. If the accident was due to the defect of the road, the remedy of the appellant is to file a suit for damages against the owner of the road. THE respondent also disputed the age, income and occupation of the petitioner. THE vehicle was not covered by comprehensive insurance policy against all risks including own damage. THE policy covered only accidental damage of the vehicle, paid driver, passengers and third party.

(3.) S. 110b of the Motor Vehicles Act does not in terms lay down that it is only when negligence on the part of the driver of the vehicle concerned is established that compensation can be awarded. The provisions of the Motor Vehicles Act, namely, S. 110 to 110f merely deal with special powers of the Motor Accidents Claims Tribunal in the place of civil courts for the purpose of adjudicating claims for compensation in respect of accidents involving death or bodily injury to persons arising out of the use of motor vehicles. They do not deal with the question as to who is to be held liable and in what circumstance, if any, for the injury resulting from an accident.