PUSPA DEVI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS is claimants' appeal under section 173 of the Motor Vehicles Act, 1988, against the award dated 19. 3. 2002 passed by the Motor Accidents claims Tribunal/district Judge, Tehri garhwal in Motor Accident Claim Petition no. 46 of 1998.

(2.) THE claimants, who are unfortunate widow, minor children and parents of the deceased Vijay Kumar Bahuguna, claimed compensation of Rs. 11,06,000 for his death in motor accident when his motor cycle bearing registration No. UHA 9448 dashed against a boulder, as a result whereof, he and his motor cycle fell in the river resulting in his death. Claimants pleaded that deceased Vijay Kumar Bahuguna was aged about 45 years on the date of accident and was getting salary of Rs. 11,000 as Senior Clerk in the office of State Bank of India, Chamba.

(3.) THE insurer of the motor cycle contested the claim and denied its liability to pay compensation to the claimants on the plea that the insurance policy taken by the deceased, who was the owner of the motor cycle, did not cover the risk of the owner (insured ).