UNITED INDIA INSURANCE COMPANY LIMITED Vs. AMIR BASHA

JUDGEMENT

(1.) United India Insurance Company Limited, aggrieved by the award of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Dharmapuri at Krishnagiri dated 23-8-1995 made in M.C.O.P.No. 138 of 1994, has preferred the above appeal.

(2.) In respect of death of one Absar in a motor accident, that had taken place on 7-12-91, the claimants/respondents 1 and 2 herein-parents of the deceased preferred a claim for Rs.1,00,000/- as compensation. Before the Tribunal, the first claimant, father of the deceased got himself examined as P.W.1 and he also examined one Syed Abdul Kalam as P.W.2, besides marking Exs. P-1 and P-2 in support of his claim for compensation. On the side of the Insurance Company, Insurance Policy has been marked as Ex. R-1. The Tribunal on appreciation of evidence, both oral and documentary and after holding that the Insurance Company of the vehicle in question were liable to pay compensation, passed an award for Rs.71,600/- with interest at 12 per cent from the date of petition till date of deposit. Questioning its liability, the United India Insurance Company has preferred the present appeal. Heard the learned counsel for the appellant as well as respondents 1 and 2.

(3.) Mr. M.S. Krishnan, learned counsel for the appellant, by drawing our attention to Sections 147 (i) (b) (i) and 165 of the Motor Vehicles Act, 1988 and also to the fact that the death was occasioned only due to fire accident and not when the vehicle was put to use, as contemplated under the provisions of the Motor Vehicles Act, would contend that the direction to the appellant insurance company for payment of compensation amount cannot be sustained. On the other hand, Mr. D. Sivakumaran, learned counsel for respondents 1 and 2, would contend that the deceased sustained fatal injuries due to the fire accident out of the use of motor vehicle; hence the Tribunal is fully justified in fastening the entire liability on the insurance company; accordingly prayed for dismissal of the appeal.