THE ORIENTAL INSURANCE CO. LTD., GOUEVIA CHAMBERS, 3RD FLOOR, PANAJI Vs. SMT. ENAYAT KHAN, WIFE OF SADRODIN KHAN, AGED 50 YEARS, HOUSEWIFE

JUDGEMENT

(1.) The appellant Insurance Company is challenging the judgment and award dated 21/10/2008, passed by the Motor Accident Claims Tribunal at Margao (Tribunal, for short) in Claims Petition No. 313/2006. By the impugned judgment, the Tribunal has awarded a compensation of Rs. 3,22,000.00 in favour of respondent Nos. 1 and 2 (respondent no.2 since deceased).

(2.) Now deceased Mushtaq Sudrudin Khan was employed by the third respondent as a driver of a vehicle, bearing No. GA-02-J-7351. The deceased was holding a valid driving licence. On 08/03/2002, dead body of Mushtaq Khan was found lying under the Railway Bridge at Pissornem. During the course of investigation, it transpired that Mushtaq had died due to strangulation by some unknown persons. It also transpired that he was murdered on way, with the intention of committing theft of the vehicle. The said vehicle was covered by a policy of insurance by the appellant herein, which was valid on 08/03/2002.

(3.) Respondent Nos. 1 and 2 filed a petition under the Motor Vehicles Act (the Act, for short), claiming a compensation of Rs. 4 Lakhs before the Claims Tribunal.