NATIONAL INSURANCE CO LTD Vs. MANUBHAI RAIJIBHAI VAGHELA

JUDGEMENT

(1.) This appeal at the instance of the insurance company is directed against the judgement and award dated 1st December, 2006 of the Motor Accident Claims Tribunal(Aux.) at Kheda in MACP No.98/2006 awarding compensation of Rs.2,54,300/- under Section 163A of the Motor Vehicle Act, 1988 on account of the death of claimant's wife.

(2.) On 24th March, 2006, deceased Savitaben aged 28 years was travelling as a passenger in the auto-rickshaw insured by the appellant insurance company. The auto-rickshaw turned turtle, the deceased was thrown out of it and sustained serious injuries which proved fatal. The husband of the deceased filed the claim petition under Section 163A of the Act. The Tribunal assessed the income of the deceased at Rs. 1800/- per month and on that basis, dependency benefit to the claimant was assessed at Rs.1200/- per month. Considering the age of the deceased, the Tribunal computed the compensation for loss of dependency at Rs.2,44,800(Rs.1200x12x17). Adding conventional amounts as per the Second Schedule, the Tribunal made the award for total compensation of Rs.2,54,300/- with interest at the rate of 7.5% per annum from the date of claim petition(4/4/2006) till the date of deposit.

(3.) The insurance company of the auto-rickshaw is in appeal before us only on the ground that the Tribunal erred in not accepting the insurance company's defence that the auto-rickshaw driver was not having a valid driving license and the driving badge and, therefore, there was breach of the terms and conditions of the insurance policy. It is therefore, submitted by Mr. Mehul Sharad Shah for the appellant insurance company that the appellant not to have been held liable to satisfy the award.