SUKHBEER KAUR Vs. NATIONAL INSURAMCE CO PLT

JUDGEMENT

(1.) -THIS is an appeal filed by the claimants under section 173 of Motor Vehicles Act against an award dated 12. 4. 2005, passed by learned Third Additional Member, motor Accidents Claims Tribunal. Facts of the case are these: on 15. 12. 2002, Sukhdev, aged 48 years and owner of tanker bearing No. MP 09-KA 4413 died while driving his own vehicle. Along with him, the cleaner of tanker travelling with Sukhdev also died. It is this incident which gave rise to filing of claim petition by his legal representatives out of which this appeal arises seeking compensation for his death. According to claimants, tanker in question was insured with the insurance company, respondent No. 1 and hence, they being the insurer were liable to pay compensation for his death. The respondent contested the case. Parties adduced the evidence. By impugned award, the Claims Tribunal dismissed the claim petition essentially on the ground that since the deceased himself was driving his own vehicle and hence, the policy in question does not cover the risk of owner-insured. In other words, in the opinion of learned member of Tribunal in the absence of any coverage granted to the insured in respect of his own case for injury or death arising out of accident with his vehicle in question, no liability can be fastened upon the insurance company. It is on this ground, the claim petition was dismissed giving rise to filing of this appeal.

(2.) HEARD Mr. J. M. Poonegar, learned counsel for the appellants and Mr. H. Joshi, learned counsel for respondent.

(3.) HAVING heard learned counsel for the parties and having perused record of the case, we are inclined to allow the appeal and while setting aside of the award of dismissal, allow the claim petition in part and award reasonable compensation to the claimants on the basis of evidence adduced by the parties.