NEW INDIA ASSURANCE CO. LTD Vs. THAVRA

JUDGEMENT

(1.) The appellant / insurer impugns the judgment and award dtd. 03/09/2004, passed by the Motor Accident Claims Tribunal, Jalna [for short 'the Tribunal'], in Motor Accident Claim Petition (MACP) No.42/2003 in this appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 [hereinafter referred to as 'the Act' for short].

(2.) The respondent nos.1 to 3 [original claimants] had approached the Tribunal under Sec. 166 of the Act, thereby raising the claim for compensation of Rs.2,00,000.00 against the owner and insurer of Tempo bearing registration No. MH-06-6184, towards accidental death of Vijay Thavra Chavan in an accident dtd. 18/05/2003. The contention of the claimants is that, the deceased was aged 20 years at the time of accident. They were dependent on his income. On the date of accident, the deceased was travelling in the offending Tempo, which slipped into a ditch owing to rash and negligent driving of tempo driver. According to the claimants, the deceased was earning Rs.3000.00 per month from his job as a Cleaner. The respondent no.4 being owner and appellant being an insurer [original respondent nos.1 and 2 in claim petition] are liable to pay compensation in terms of Sec. 166 of the Act.

(3.) The claim petition was contested on behalf of the respondents. The respondent no.4 / owner of the vehicle admitted the accidental death of the deceased, but denied averments regarding occupation and income. The appellant / insurer also filed its written statement. Although, the accident and consequential death is not disputed, the liability to pay the compensation has been disowned on the ground that, the deceased was travelling in goods carriage along with 60 other persons. The vehicle was predominately used for carriage of passengers, though it has been registered as goods carriage. The risk of the deceased was not covered either under statutory provisions requiring compulsory insurance or by any other mode.