DHANI DEVI Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) THIS appeal has been filed by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 10.7.2003 passed by Motor Accident Claims Tribunal/District Judge, Nainital in Claim Petition No. 20 of 2001, Smt. Dhani Devi and Three Ors. v. The New India Assurance Company Limited, by which the claim petition was dismissed by the Motor Accident Claims Tribunal.

(2.) BRIEF facts of the case giving rise to this appeal are that on 5.9.2000 Deewan Giri (deceased) was going from Bheemtal to Devidhura along with his friends and family members by his vehicle Jeep No. UP 2D/4317. When the said Jeep reached near Padampuri, due to rash and negligent driving of the driver of Jeep, he lost the control over the Jeep as a result of which the said Jeep fell in to deep Khud. All the passengers of the Jeep sustained injuries. The deceased Deewan Giri also sustained injuries and he got admitted for treatment in P.H.C. Bhimtal and thereafter he got admitted in Krishna Nursing Home, Haldwani, from where he was taken to Delhi for better treatment. Due to grievous injuries Deewan Giri died on 8.10.2000. He was 50 years old at the time of accident and was Government contractor. He was earning Rs. 10,000 per month from that profession. The claimants, who are legal heirs and dependents of the deceased, filed the claim petition for compensation for the loss suffered due to death of deceased Deewan Giri.

(3.) ON the pleadings of the parties, the Tribunal framed the necessary issues. Both the parties adduced their oral as well as documentary evidence. The Tribunal after appreciating the evidence dismissed the claim petition on the ground that the deceased does not come within the category of third party risk because he was owner of the vehicle and he himself was driving the vehicle at the time of accident. Under the conditions of the insurance policy the Insurance Company cannot be held liable for payment of compensation to the owner of the vehicle who himself was driving the vehicle at the time of accident. Feeling aggrieved, the claimants have come up in this appeal.