UNITED INDIA INSURANCE CO. LTD Vs. SUMITHRA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Appellant/ Insurance Company challenging the Award, dtd. 21/2/2020 passed by the Motor Accidents Claims Tribunal (Sessions Judge/Mahila Court), Perambalur, made in M.C.O.P. No.617 of 2017.

(2.) Heard Mr. D. Bhaskaran, learned Counsel appearing for the Appellant/ Insurance Company and Mr. T. Gopinath, learned Counsel appearing for the Respondents 1 to 5 and perused the entire materials on record.

(3.) The Appellant/Insurance Company has challenged the impugned Award on the ground that the Tribunal has erroneously awarded a Compensation under Sec. 167 of the Motor Vehicles Act. According to him, the death was caused due to the own negligence of the deceased as no other vehicle was involved in the accident. It is further submitted that the Claims Tribunal failed to note that the Legal Heirs of the deceased tortfeasor cannot maintain the Petition filed under the provisions of the Motor Vehicles Act. Since the accident happened only due to the own act of the deceased and when the Owner is not liable, the Insurer cannot be held liable, the Tribunal ought to have computed Compensation under the provisions of Employees' Compensation Act. It is further submitted that the Claimants cannot claim any Compensation even against the Owner of the vehicle under the provisions of the Act for his own negligence. To support his contention he has relied upon the following decisions reported in: