NEW INDIA ASSURANCE CO. LTD. Vs. KANNAMMAL

JUDGEMENT

(1.) THIS appeal has been preferred by the New India Assurance Company Limited, against the award of the Motor Accident Claims Tribunal (Sub Court), Dharapuram, in M.C.O.P. No. 53 of 1984. Respondents 1 to 3, are the wife, son and daughter, respectively of one Duraisami, who met with an accident while driving his Matador Van TDC 8362 near Thalavoi Pattinam on Udumalpet-Dharapuram road and lost his life.

(2.) IN the claim petition filed by the respondents, against the appellant, they had stated that Duraisami, the owner-cum-driver of the van met with an accident as he was driving the loaded vehicle and sustained head injuries and died. It was also further stated that the accident was not due to the negligence of the deceased, but as there was rain, the vehicle skidded while negotiating a turn and therefore, there was no negligence or rashness that could be attributed to the driver, who lost his life in that accident. In respect of the death of Duraisami in that accident, the respondents prayed that compensation in a sum of Rs. 40,000/- should be awarded to them.

(3.) BEFORE the Tribunal, on behalf of the respondents, Exs. A. 1 and A. 2 were marked and the 1st respondent and another gave evidence, as P. W. 1 and 2, while, on behalf of the appellant, the policy alone was marked as Ex. B. 1. The Tribunal, on a consideration of the oral as well as documentary evidence, found that at the time of the accident, it was raining and the Matador van driven by the deceased, skidded and capsized and the driver was caught under and sustained injuries and died and that the accident was not due to the negligent driving of the van. Considering the question of the liability of the appellant-Insurance Company, though the Tribunal took the view that as the deceased was the owner as well as driver of the vehicle involved in the accident, respondents 1 to 3 would not be entitled, as legal representatives of the deceased, to claim any compensation, it was held that under the terms of the policy issued by the appellant, the risk to the driver and cleaner had been covered and as deceased Doraisami was owner-cum-driver at the time of the accident, respondents 1 to 3 would be entitled to recover compensation against the appellant. Computing the compensation awardable to respondents 1 to 3, the Tribunal determined that amount at Rs. 30,000/- together with interest. Certain other directions were also given by the Tribunal regarding the apportionment of the compensation. It is the correctness of the award so passed fastening liability on the appellant-Insurance Company for the payment of compensation to respondents 1 to 3 that is disputed in this appeal.