MUNDRU VENKATESWARLU Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal was filed by the claimant against the judgment and decree dated 10-8-1994 in O.P. No.335/1990 on the file of the Chairman (Dist. Judge), Motor Accidents Claims Tribunal, Ongole, whereby the Tribunal has awarded a compensation of Rs.48,000/- with interest at 12% p.a. for the injuries sustained by him in a motor vehicle accident that was occurred on 27-7-1990 when the petitioner along with some others were engaged as coolies for transporting the earth in the tractor of the first respondent bearing No.APO-9668 attached with trailer No.AAE-6640 and while transporting the eighth trip at the time of unloading the same at Nagalakalva and when the petitioner was standing by the side of the trailer, the driver of the tractor lifted the trailer, but since earth was stuck in the trailer, due to moisture, to make the earth fall down the driver without noticing the presence of the petitioner moved the tracter forward and backward, as a result of which it hit the petitioner causing him injuries on right leg and it was fractured. The petitioner was shifted to Government Hospital, Ongole where he was treated as in patient for about a week and he sustained permanent disability and he is unable to attend to do any work as his leg was amputated to the extent of above the knee. It is further stated that the petitioner was earning Rs.25/- to Rs.50/- per day and he wasaged 28 years. Therefore, he claimed compensation of Rs.1,00,000/- for the injuries sustained by him and for the loss of amenities and other damages.

(2.) While awarding the compensation, the Tribunal has fastened the liabilityon the owner of the vehicle on the ground that the insurance policy taken by the owner of the tractor involved in the accident died. The insurance policy was not transferred to the third respondent, son of the owner, since died. Against that finding and not satisfied with the quantum of compensation awarded by the Tribunal, the present appeal was filed.

(3.) The learned Counsel for the appellant submitted that the insurance policywas taken covering the vehicle to indemnify the third parties. Therefore, whether the policy was transferred or not in the name of third respondent is not the issue involved. He relied on the judgment of the Supreme Court in Complete Insulations (P) Ltd., vs. New India Assurance Company Limited wherein it was held that Sec.95 of the Motor Vehicles Act, 1939 deals with the requirements of policy and limits of liabilities. It held that the insurance policy covers the liability of the insurer in respect of damages caused to the third party and not the property of the insured, as per the certificate issued by the insurer.