NEW INDIA ASSURANCE CO LTD Vs. YUNUS

JUDGEMENT

(1.) The appellant is the New India Assurance Co. Ltd. (in short 'the insurance company'). It has challenged the judgment dated 29.7.1987 and the award dated 10.8.1987 by reason of which the Claims Tribunal has awarded a sum of Rs. 1,12,000/- to the claimants as compensation under Section 110-A of the Motor Vehicles Act.

(2.) The claimants (respondent Nos. 1 and 2) filed a claim case for grant of compensation on account of death of their son, Zasikuddin Ansari. According to the claimants, the deceased was the driver of a taxi bearing registration No. BHM 9039 belonging to respondent No. 3. While returning to his house on 26.1.1982 the said vehicle dashed against a tree by the side of the road as a result of which the deceased succumbed to his injuries. It is the case of the claimants that the deceased was getting a salary of Rs. 1,100/- per month and the vehicle was insured with the insurance company.

(3.) The insurance company as well as the owner filed their respective statements. The stand of the owner of the vehicle was that though the deceased was his employee but as the vehicle was insured with the insurance company, it was the insurance company which was liable to pay the compensation. The insurance company, on the other hand, had taken a stand that as the details of the accident and the circumstances under which the deceased died have not been given in the claim petition the claim petition itself was not maintainable.