NATIONAL INSURANCE CO LTD Vs. DEEPA PANT

JUDGEMENT

(1.) Heard counsel for the appellant.

(2.) This appeal is from the award dated August 28, 1997, passed in the Motor Accidents Claim No. 600 of 1993. The facts giving rise to this appeal are that Chandra Shekhar Pant was posted as Divisional Logging Manager in the Forest Corporation in Kaladungi, District Nainital. On July 4, 1993, at about 10 a.m. while he was travelling in Jeep No. U.P.32/4302, the jeep met an accident in which he died. The other occupants of the jeep, namely, driver and Dak-runner received injuries but they survived. A claim petition was filed by the claimant/respondents for payment of compensation under Section 166 of the Motor Vehicles Act (hereinafter referred to "the Act"). After hearing the parties, the learned Tribunal has awarded compensation of Rs. 4,15,019 payable by the appellant, aggrieved by which this appeal has been filed.

(3.) Learned counsel for the appellant has assailed the award on the ground that in view of the condition "a" in Section 2 of the policy, as the late Shri Chandra Shekhar Pant died in the course of employment, the appellant-company is not liable to pay the compensation. This contention was raised before the Tribunal also but it has been repelled on the ground that the deceased was the insured person and he was also the occupant of the jeep and hence the liability is of the appellant to pay the compensation. For convenience, the condition of the policy which has been relied on by learned counsel for the appellant is being reproduced below :