UNITED INDIA INSURANCE CO LTD Vs. PAREKHIA BAI

JUDGEMENT

(1.) This appeal has been placed before me for decision as conflicting opinions have been expressed by learned S.K. Dubey, J. and S.P. Khare, J. as members constituting the Division Bench.

(2.) This appeal has been preferred by the insurance company under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988' for short). The Fifth Motor Accidents Claims Tribunal, Bilaspur, by award made on 13.12.1995 has granted compensation in the sum of Rs. 1,22,000 with 12 per cent interest from the date of claim to the claimants for the death of deceased Loharmal in motor accident on 6.4.1991.

(3.) The facts not in dispute are that the vehicle involved in the accident with registration No. 23/B 4809 was mini truck of the make Swaraj Mazda. It was a transport vehicle adapted for use of carriage of goods and was registered as a 'light motor vehicle' and was a 'transport vehicle' as defined under sections 2 (21) and 2 (47) respectively under the Act of 1988. The vehicle was insured with the appellant insurance company. As per the terms of the insurance policy, Exh. P/3, there was a compulsory insurance for public risk for which separate premium was charged. Apart from the public risk, it was insured for risk of one driver and two other persons on the vehicle as cleaner or coolies. Separate premium was charged for the above mentioned number of authorised occupants of the vehicle.