NEW INDIA ASSURANCE CO LTD Vs. MANI RAM

JUDGEMENT

(1.) THIS appeal is filed by the insurance company against the award dated 3. 11. 1997 passed by Third Motor Accidents Claims Tribunal, Shivpuri in Claim case No. 93 of 1995, whereby the learned tribunal awarded a sum of Rs. 63,750 to respondent No. 1-claimant with interest at the rate of 12 per cent per annum from the date of application till its realization.

(2.) THE appellant in this appeal is challenging the award on the ground that the liability is limited as per the terms and conditions of Act policy, Exh. D1 and the learned Tribunal committed legal error in holding that the insurance company is also liable to pay the amount of compensation.

(3.) THE respondent No. 1 filed a claim petition under section 140 and section 166 of Motor Vehicles Act, 1988 (for short 'the act') on 14. 7. 1995 on the ground that the deceased was working as a labourer and doing the work of loading and unloading of minerals. On 18. 4. 1995 he loaded the truck at the quarry and thereafter he was travelling in the truck to unload the said minerals at Shivpuri. Due to rash and negligent driving by the respondent No. 2 the accident was occurred and respondent No. 1 sustained injuries on various parts of the body and fracture of his left hand. After accident he was treated at Shivpuri Hospital. As per X-ray report, Exh. P5, his radius ulna mid shaft of left hand was fractured. He filed a claim petition claiming compensation of Rs. 8,87,000. Kaptan Singh, owner of the vehicle, respondent No. 3, in para 2 of his written statement averred that the claimant is a labourer and his earning was Rs. 25 to Rs. 30 per day. In para 3 he denied that on 18. 4. 1995, the respondent no. 1 was travelling in the truck and was working as labourer in the quarry. In para 5 and para 10 of the written statement it is averred that the vehicle is insured as per act policy (truck only) and no premium of labourer was paid and, therefore, insurance company is not liable to indemnify the insured.