UNITED INDIA INSURANCE COMPANY LTD Vs. GULAICHI DEVI

JUDGEMENT

(1.) This is an appeal under S. 173 of the Motor Vehicles Act.

(2.) Deceased Katwaru, a rikshaw puller was driving his rikshaw on 6-4-93 at about 8 a.m. when Mini Truck No. U.P. /53-6935 caused accident resulting in fatal injuries to the deceased. Deceased was aged about 35 years and his dependents widow, mother and minor daughter filed application for compensation. This application was contested by appellant insurer on the ground that policy was valid till the previous day, and a fresh policy was issued at 10 a.m. subsequent to the accident. Accordingly, at that time when there was accident, there was no valid policy to make insurer liable for the payment. Tribunals on materials on record that just compensation is Rs. 1,15,200/- which is to be paid by insurer with interest at 12% per annum from the date of presentation of the application till date of payment. This is grievance of the appellant in this appeal.

(3.) We are satisfied that the driver of the Mini Truck was negligent on account of which there was accident caused fatal injuries to the deceased. Thus, primarily the driver is responsible for accident. Owner of the vehicle is vicariously liable for paying the compensation. Question for consideration is whether insurer is liable to indemnify the owner and is liable to pay compensation as provided under the Act.