NEW INDIA ASSURANCE CO LTD Vs. SRIKANTA TEWARI

JUDGEMENT

(1.) This miscellaneous appeal is by the insurer appellant against the judgment and award passed in an application under Section 163A of the Motor Vehicle Act, 1988 (hereinafter called as the Act) in favour of the sole claimant respondent, who is the sole heir and legal representative of the deceased, being his son. The father of the sole respondent died in a motor accident while traveling in the vehicle which belonged to his son, the claimant respondent herein. By the aforesaid judgment and award the amount of compensation payable to the claimant respondent for the death of his father has been determined at Rs. 3,29,500/-.

(2.) In this appeal the short but important question that arises for determination, is whether the claimant respondent being the insured himself is entitled to maintain the claim petition as being the sole heir and legal representative of the deceased who died in a motor accident arising out of the use of vehicle of the insured.

(3.) In view of the question as posed in this appeal, the entire facts of the case in relation to the accident in which the father of the claimant respondent died need not be stated in detail. The relevant facts are that the deceased father of the claimant respondent was travelling in the vehicle owned by his son, the claimant respondent while the same being driven by the driver met with the accident.