NATIONAL INSURANCE CO LTD Vs. ASHA DEVI

JUDGEMENT

(1.) A short but interesting question arises for decision in the present appeal.

(2.) THE undisputed facts of the case are that truck No. HR 37-A 3532 met with an accident on 21.5.2004. THE said truck was owned by Ajay Kumar, respondent No. 7 and was being driven by Rehman Khan, respondent No. 8. THE truck was insured with the appellant National Insurance Co. Ltd. Respondent Nos. 1 to 6 who are the wife, minor children and parents of one Surinder Kumar filed a claim petition before the learned Motor Accidents Claims Tribunal-I, Sirmaur, District at Nahan for the grant of compensation under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(3.) THE insurance company in this appeal has raised only one ground that under the terms of the policy, the liability of the insurance company in respect of the employees/labourers was limited only to the amount payable under Workmen's Compensation Act, 1923 and, therefore, the insurance company could be held liable only to pay the amount which could be assessed under Workmen's Compensation Act and not the entire awarded amount.