NATIONAL ISSURANCE CO LTD Vs. PUSHPA DEVI

JUDGEMENT

(1.) Whether in a claim petition preferred under section 166 of the Motor Vehicles Act in respect of a workman who has died in a motor vehicle accident during the performance of his duties, the liability of the insurer is limited to the liability arising under Workmen's Compensation Act, 1923? Is the question involved in the present appeal arising out of the award dated 13.5.1997 of the learned Motor Accidents Claims Tribunal (III), Kangra at Dharamshala (for short, 'the Tribunal').

(2.) The facts of the case giving rise to the present appeal, briefly, may be thus stated. The deceased Subhash Chand was employed as a driver by respondent No. 5 Devinder Kumar Sood, the owner of the truck No. HIK 5121. On 18.4.1994 the deceased was driving the said truck, which was loaded with sand. The truck was proceeding from Bhatoli to Bhaggi. At about 11.30 p.m. at Khola Bohan, on Ranital- Jawalamukhi Road all of a sudden the right front tyre of the truck burst and as a result of which the truck turned turtle and the deceased sustained multiple grievous injuries. The deceased was immediately taken to Zonal Hospital, Dharamshala, where he succumbed to the injuries on the following day.

(3.) Respondent Nos. 1 to 4, who are the parents, sister and brother of the deceased, approached the learned Tribunal seeking compensation for the death of the deceased. They averred that the accident was as a result of negligence of the respondent No. 5, the owner of the truck since instead of new tyres, he had used old retreaded tyres for plying the truck. Though the deceased had objected to the use of such old retreaded tyres respondent No. 5 did not pay any heed and insisted the deceased to drive the truck with retreaded tyres.