VALIBEN LAXMANBHAI THAKORE (KOLI) WD/O LATE LAXMANBHAI RAMSINGBHAI THAKORE (KOLI) Vs. KANDLA DOCK LABOUR BOARD

JUDGEMENT

(1.) This Appeal is filed by the original claimants whose claim petition came to be dismissed by the Motor Accident Claims Tribunal [Auxiliary-3], Gandhidham [Kachchh] [hereinafter referred to as, "the Claims Tribunal"] by the impugned award dated 28th July 2017. The claimants are dependants of one Laxmanbhai Ramsinghbhai Thakore, who died in a vehicular accident on 23rd April 2003. He was himself driving an Ambulance which was owned by the respondent no. 1- Kandla Dock Labour Board. He was the paid driver employed by the said Board. While driving the ambulance, the vehicle overturned causing injuries to the driver to which he later on succumbed. His widow, minor children and aged mother therefore filed a claim petition before the Claims Tribunal seeking compensation from the opponents ie., the owner of the vehicle and his employer, and the insurance company which had insured the vehicle in question. The Claims Tribunal dismissed the claim petition on the ground that the deceased who was driving the vehicle was solely negligent and that therefore, his dependants cannot claim any compensation from the opponents on account of his death.

(2.) The claimants have filed this appeal in which heavy reliance is placed on the terms of the insurance policy. It is pointed out that the employer had paid extra premium of Rs. 30/= for covering additional liability of the paid driver and two workmen. According to the learned counsel for the appellants, therefore, the Insurance compnay was liable to cover the risk of the employer and consequently pay compensation to the claimants. This is the bone of contention between the two sides. Counsel for the Insurance company would argue that the additional premium would not cover a case where the driver himself was negligent leading to his death. According to the Insurance company, the additional premium was paid to cover the risk of the insured. In view of the fact that the driver himself was found to be solely negligent in causing the death, the employer would have no liability; of course outside of the statutory liability arising under the Workmen's Compensation Act, and that therefore, the liability cannot be fastened on the Insurance company.

(3.) Both sides have relied on certain decisions. Brief reference to which would be necessary. Before doing that, we may record that the claimants-appellants have not challenged findings of the Claims Tribunal that the deceased-driver was solely negligent in causing the accident. We may, therefore, proceed on such basis.