ORIENTAL INSURANCE COMPANY LTD Vs. GOLAGANI NAGAMANI

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 24-2-1992 passed in OP No.476 of 1990 on the file of the Motor Accidents Claims Tribunal (District Judge), East Godavari, Rajahmundry. The parties will be referred to with reference to their status in OP before the Tribunal.

(2.) The Oriental Insurance Company Limited, which was Respondent No.3 before the Tribunal is the appellant herein and Respondents Nos.1 to 5 are the petitioners-claimants before the Tribunal. Respondent No.6 is said to be the driver of the vehicle and Respondent No.7 is the owner of the vehicle involved in the accident. The Tribunal awarded a total compensation of Rs.93,000.00 in favour of petitioner No.l to 5 on the basis of the finding that the accident on 26-6-1990 occurred due to the negligence of the driver (Respondent No.6) resulting in the death of G. Venkata Rao on whom the Petitioners No.l to 5 were deponent for their maintenance. In this appeal, the finding as to negligence of the driver and the quantum of compensation awarded are not under challenge. The appellant-Insurance Company questions its liability to pay the compensation under the Motor Vehicles Act as arrived at by the Tribunal.

(3.) The contention raised by Sri S. Hammtaiah, the learned Counsel for the appellant firstly is that the deceased in (his case was travelling as an unauthorised passenger in the goods vehicle and as such, the Insurance Company is not liable to pay compensation. It is further contended that even assuming that the deceased was travelling in the lorry as an employee of the owner of the vehicle, his legal representatives could claim compensation only to the extent provided for under the Workmen's Compensation Act, which according to the learned Counsel, based on the finding as to the income of the deceased, would be only Rs.78,000.00. Thus, it is contended that the award of compensation to the extent of Rs.93,000.00 by the Tribunal is erroneous and cannot be sustained.