NEW INDIA ASSURANCE CO LTD Vs. KRISHNA KHATUA

JUDGEMENT

(1.) This appeal was filed challenging the award dated 12.5.2000 passed by the Motor Accidents Claims Tribunal on a petition under Section 140 of the Motor Vehicles Act, 1988, granting statutory compensation of Rs. 50,000 and the insurance was directed to pay the said amount according to the direction contained in the impugned judgment.

(2.) Facts available on records are that on 6.3.1998, a Trekker carrying the victim along with marriage party while coming back was moving at a very high speed and in a rash and negligent manner when it suddenly overturned causing the death of the victim on the spot. The insurance coverage is not under dispute but it has been stated by appellant insurance company that the risk covered by the said insurance agreement was in respect of all persons covered by the expression third party and as the deceased was one of the two owners of the Trekker his dependants are not entitled to payment of compensation from the insurance company.

(3.) Mr. Das, learned Counsel appearing for the appellant insurance company referred to the insurance agreement showing that the policy was comprehensive policy and there was no clause showing that the owners of the vehicle were covered by the said agreement and, therefore, in case of death of one of the owners while riding the vehicle, the insurance company is not liable to pay compensation under the said insurance agreement. In support of his contention Mr. Das has relied on the judgments in the cases of New India Assurance Co. Ltd. v. Susamma Varghese; Oriental Fire & Genl. Ins. Co. Ltd. v. Shakuntala Devi; United India Insurance Co. Ltd. v. Odeti Mallu Bai; Hemlata Sahu v. Ramadhar; National Insurance Co. Ltd. v. Sasilatha; New India Assurance Co. Ltd. v. Rajendra Singh; United India Insurance Co. Ltd. v. Darshan Kaur and United India Insurance Co. Ltd. v. Siddanna Nimbanna Jawali.