UNITED INDIA INSURANCE CO LTD Vs. KAMLESH SINGH

JUDGEMENT

(1.) This is an appeal by the insurer under Section 173 of the Motor Vehicles Act, 1988.

(2.) On 20th April, 1991, the deceased, Ram Singh Vimal, who was a headmaster in an educational institution met with an accident caused by a truck bearing registration No. UTC 1101. Sustaining fatal injuries he succumbed, This gave rise to the claim by his wife, daughters and two minor sons, Their case is the deceased was getting a salary of Rs. 2,750 per month and was also getting a sum of Rs. 1,100 per month from article contributed to journals and was maintaining the family. Thus, they are entitled to the compensation of Rs. 13,44,400. The insurer contested his liability on the ground that though cover note has been issued, but it was unauthorised and, accordingly, it would have no liability for the compensation payable. It also claims that compensation claimed is unreasonable.

(3.) Considering the materials on record, the Tribunal held that there was valid insurance in respect of vehicle and the insurer is liable to indemnify the owner for any incident. On computation the compensation awarded was Rs. 4,28,000 and the same was directed to be paid to the claimants by the insurer with interest at the rate of 9 per cent. per annum from the date of application till the date of payment. This is the grievance of the appellant.