NATIONAL INSURANCE COMPANY LTD. Vs. MAYA DEVI

JUDGEMENT

(1.) This appeal has been filed by Insurance Company against the award dated 1.4.2005, passed by the Motor Accident Claim Tribunal, Patiala (in short 'the Tribunal'), under Section 163-A of the Motor Vehicle Act, 1988 (in short 'the Act'). The facts claimed by the claimants before the Tribunal are reproduced verbatim as under :-

(2.) It was stated that deceased Chotta Lal @ Chhota Ram was 29 years of age. His monthly income was Rs. 3,000/- per month. It was prayed that respondent No. 1 (owner) and Insurance Company (respondent No. 2) are jointly and severally liable to pay the compensation amounting to Rs. 8 lacs.

(3.) In the written statement, Insurance Company took the plea that the present claim petition is not maintainable as under the Motor Vehicle Act, only the third party claims are maintainable and not the claim for murder of an employee. The policy covers the accident and not willful act of murder. Therefore, Insurance Company prayed for dismissal of claim petition.