NEW INDIA ASSURANCE CO LTD Vs. KALIATHAL

JUDGEMENT

(1.) Aggrieved by the award passed by the Motor Accidents Claims Tribunal (Sub-Court), Dharapuram, the insurance company has come forward with the instant civil miscellaneous appeal.

(2.) This appeal has arisen in this way: One Gopalsamy, aged about 44 years, died in a road accident on 25.2.92 involving a tractor bearing registration No. TN 33-Y 2056. At the relevant time Gopalsamy was walking on the road and the tractorhit him, as a result of which Gopalsamy died. Gopalsamy happens to be the owner of the ill-fated tractor which was driven by his own servant, namely, the driver. The legal representatives of Gopalsamy instituted a claim petition in M.C.O.P. No. 377 of 1993 and claimed Rs. 6,00,000 as compensation.

(3.) The insurance company vehemently opposed the claim petition alleging that Gopalsamy was the insured and the insurance policy covers only the third party's risk and not the risk to life of the insured himself and, therefore, it is not liable.