BHOOMI SINGH Vs. UNITED INDIA INSURANCE CO

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act is directed against the award dated 3.1.2004 passed by the Motor Accident Claims Tribunal, Hamirpur in MAC Petition No. 67 of 2001 whereby he dismissed the claim petition filed by the claimants.

(2.) THE claimants are the widow, son and daughter of deceased Sita Ram. Sita Ram died in an accident of truck No.HP22-8401 which was admittedly owned by him. It was alleged that Sita Ram was traveling in the truck as owner of the goods in addition to being owner of the vehicle. The learned Tribunal rejected the petition on the ground that Sita Ram was the owner of the truck and the 'insured' under the terms of the policy and as such the Insurance Company could not be directed to pay compensation in respect of death of the insured person.

(3.) IN fact this controversy has been set at rest by a decision of the Apex Court in Dhanraj versus New India Assurance Co. Ltd. and anr. (2004) 8 SCC 553, where the apex Court held as follows:-