NEW INDIA ASSURANCE CO LTD Vs. VOIKA MARRUBAI

JUDGEMENT

(1.) This civil miscellaneous appeal is filed by the New India Assurance Co. Ltd., which is the respondent No. 2 in O.P. No. 243 of 1988 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Additional District Judge, Adilabad, questioning the award relating to the extent of its liability to pay the compensation awarded to the claimants.

(2.) The respondent Nos. 1 to 6 herein are the claimants. They filed O.P. No. 243 of 1988 seeking compensation on account of the death of the deceased V. Devanna in a motor vehicle accident that took place on 3.5.1988. The respondent No. 1 herein is the wife and respondent Nos. 2 to 6 are the minor children of the deceased. The respondent No. 7 herein is the owner of the lorry No. APK 7059 and it was duly insured with the appellant herein by the date of accident. On 3.5.88, the deceased who was employed as hamali (labourer) and who was aged about 40 years, was proceeding in the above said lorry belonging to the respondent No. 7 herein. At about 7 p.m. when the lorry was proceeding near Gouliguda Bridge of Vannelavagu on the National Highway No. 7, the driver of the said lorry drove the same in a rash and negligent manner and as a result of the same the lorry turned turtle causing injuries to the deceased, who subsequently died on account of such injuries on 13.5.88 while undergoing treatment. The death of the deceased was on account of the rash and negligent driving of the above said lorry by its driver. The claimants, therefore, filed the petition seeking a total compensation of Rs. 1,00,000 from the owner as well as the appellant. On the basis of the evidence adduced before it, the Tribunal came to the conclusion that the deceased, who was working as hamali and who was proceeding in the above said lorry, received injuries on account of the rash and negligent driving of the said lorry by its driver and subsequently died or account of those injuries. The Tribunal awarded a total compensation of Rs. 53,800 under various heads and directed the owner of the lorry as well as the appellant insur ance company to pay such amount with joint and several liability to the claimants The owner and the claimants have no questioned the said award. The insurance company has, however, filed the present appeal questioning the said award, con tending that its liability is limited to the extent of the amount that will be payable to the claimants under the Workmen's Compensation Act as the insurance policy does not cover the risk to such employees like hamalis; that the liability under the Workmen's Compensation Act is to a tune of Rs. 23,000 in view of the age of the deceased and that, therefore, the award of the Tribunal may be modified to that extent.

(3.) Heard both the counsel.