BRANCH MANAGER Vs. VANMALA VIJAY DHOTE

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act 1988 (for short, the said Act) has been preferred by the Insurance Company as it is aggrieved by the judgment of the Claims Tribunal directing it to pay an amount of Rs.1,89,500.00 as compensation.

(2.) It is the case of the claimant that the husband of the claimant no.1 - Vijay was proceeding on a motor cycle owned by the respondent No.7 herein to Wardha. On the way a monkey jumped down from a tree near the road as a result of which said Vijay fell down from his vehicle and succumbed to his injuries. Compensation was accordingly claimed for an amount of Rs.2,50,000.00 under Sec. 163A of the said Act. The claim was opposed by the Insurance Company on the ground that the deceased was not a third party as no other vehicle was involved and hence there was no liability to satisfy the claim. After considering the evidence on record, the learned Member of the Claims Tribunal awarded an amount of Rs.1,89,500.00 towards compensation.

(3.) Shri B. Lahiri, learned Counsel for the appellant submitted that it was an admitted fact that the accident occurred when the deceased fell down from the vehicle which he was driving as a monkey had jumped near the road. No other vehicle was involved. The deceased could not be said to be a third party. Relying upon the decision in Ningamma Vs. United India Insurance Co. Ltd., 2009 3 TAC 13 it was submitted that under provisions of Sec. 163-A of the said Act, if the person who has stepped into the shoes of the owner of the vehicle makes a claim, he cannot be granted compensation under Sec. 163-A of the said Act. It was further held therein that under Sec. 163-A of the said Act just compensation was liable to be granted in terms of the Insurance Policy. The learned Counsel submitted that as per the Insurance Policy amount of Rs.50,000.00 was paid as premium towards compulsory PA to the owner/driver and the risk covered was for Rs.1,00,000.00. At the highest that amount could be awarded and not the amount of compensation as granted.