NEW INDIA ASSURANCE CO LTD Vs. MAMTA DEVI

JUDGEMENT

(1.) This miscellaneous appeal is by New India Assurance Co. Ltd., Chaibasa, and directed against the order dated 28.8.1991 passed by Motor Accidents Claims Tribunal-cum-First Additional District Judge, Singhbhum at Chaibasa, in M.J.C. Case No. 89 of 1989, whereby he directed the insurance company to pay a sum of Rs. 25,000/- to the applicants under Section 140 of Motor Vehicles Act, 1988, by way of ad interim compensation on account of the death of one Ratan Ram.

(2.) It is said that deceased Ratan Ram was returning from Tatanagar by a truck having registration No. BRS 2521 and when the said truck reached the main gate of Chaibasa College, an accident took place resultant several persons died and several others sustained injuries. The heirs of the deceased, namely, mother and wife and minor son made an application before the Motor Accidents Claims Tribunal, Singhbhum, claiming compensation of Rs. 3,50,000/-, which was numbered as M.J.C. Case No. 89 of 1989. The claim of the opposite party-respondents was contested by the insurance company mainly on the ground that deceased was one of the unauthorised and unlawful occupants of the truck and the death caused due to the accident is not covered under the policy.

(3.) After hearing both the sides and relying upon the case-law in National Insurance Co. Ltd. v. K. Savithri 1990 ACJ 768 (Kerala), the learned Claims Tribunal passed the impugned order directing the appellant insurance company to pay the said amount under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').