NEW INDIA ASSURANCE CO LTD Vs. SHYAM CHAUHAN

JUDGEMENT

(1.) This appeal has been filed by appellant insurance company challenging the award passed by the Motor Accidents Claims Tribunal, whereby compensation was awarded to the claimants for the death of Boby alias Bhartender in a motor vehicular accident.

(2.) Claimants had filed claim petition under section 163-A of the Motor Vehicles Act (hereinafter referred to as 'the Act') claiming Rs. 10,00,000 as compensation for the death of Boby alias Bhartender. Learned Tribunal found that vehicle No. HR 03-B 3088 was involved in the accident resulting in the death of the deceased. Resultantly, the owner and the insurance company of the said vehicle were held liable to pay the compensation amount to the claimants along with interest.

(3.) The learned counsel appearing for the appellant insurance company submitted before us that the provisions of section 163-A of the Act would not apply to the present case since Boby alias Bhartender himself was the driver of the said vehicle and as such his legal heirs could not claim compensation amount for the death of the deceased, in the petition under section 163-A of the Act. Reliance has been placed on Appaji v. M. Krishna, 2004 ACJ 1289 (Karnataka).