ORIENTAL INSURANCE COMPANY LIMITED Vs. JUTI BALA DAS

JUDGEMENT

(1.) This appeal, by the insurer (Oriental Insurance Co. Ltd.) is directed against the judgment and award dated 18.11.1999, passed by learned Member, Motor Accidents Claims Tribunal, Belonia, South Tripura in T.S. (M.A.C.) No. 13 of 1988, whereby an amount of Rs. 1,01,000 was awarded in favour of the claimant-respondent No. 1 as compensation for the death of her son Krishna Das alias Krishnadhan. It was provided that out of the said amount, Rs. 10,000 would be paid by Probodh Poddar, i.e., the respondent No. 1 in the claim petition and respondent No. 3A in this appeal. The remaining amount was directed to be paid by the insurer aforesaid. It was also provided that the awarded amount should be paid within 45 days, failing which the amount shall carry interest at the rate of 12 per cent per annum from the date of application, i.e., 4.9.1998.

(2.) The short question involved in this appeal is as to whether the insurer can be held liable, under the relevant provisions of the M.V. Act and the terms and conditions of the insurance policy, in respect of the offending vehicle, to pay any compensation for the death of an employee of the owner of the vehicle, who was working as assistant on the vehicle at the relevant time.

(3.) Late Krishna Das alias Krishnadhan, who was the son of claimant-petitioner No. 1 (respondent No. 1 in this appeal) and the elder brother of the claimant-petitioner No. 2 (respondent No. 2 in the appeal), was working as an assistant in the vehicle, covered by registration No. TRT 43, which was owned by the respondent No. 1A in the claim case (respondent No. 3A in the appeal) in whose name the policy stood. The said vehicle was got insured with the appellant covering six passengers and one driver. On 17.7.1998, at about 11.30 p.m., while the said vehicle was proceeding towards Mahamuni to Santirbazar it met with an accident due to rash and negligent driving on the part of the driver. As a result of the accident, the said assistant sustained fatal injuries on his head and other parts of the body. Consequently, Krishnadhan aforesaid succumbed to the injuries sustained by him. At the time of his death, the deceased was aged about 18 years and he was under the employment of the owner of the vehicle earning Rs. 1,500 as his monthly wages. According to the claimants, they were fully dependent on the income of the deceased, who used to contribute his entire income to the benefit and welfare of the claimants. Therefore, the claimants filed a claim petition seeking compensation of Rs. 9,01,000.