KALAWATI DEVI Vs. ZAWAHIRUL NISAN

JUDGEMENT

(1.) This is an appeal under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award of the Additional Claims Tribunal, Dhanbad dated 22.4.1994 whereby the claim of the appellant for compensation has been awarded to the extent of Rs. 57,600/- only against the owner of the offending vehicle, the Tribunal having absolved the insurer from the liability of compensation. The appellant being aggrieved by the quantum of compensation determined by the Tri- bunal and the decision that the insurer was not liable in the facts of the case has filed this appeal. The appellant had claimed com- pensation of Rs. 3,50,000/-. The appellant seeks enhancement of compensation by this Court.

(2.) The appellant is the widow of Raju Saom, a vegetable merchant. He hired a public carrier goods vehicle bearing the registration No. BRW 2895 on 18.4.1990 for transporting vegetable from Jharia to Saharpura Bazar. He was accompanying the goods. The truck met with accident on way, Raju was killed on the spot. He was aged 35 years earning Rs. 1,000/- per month from his business. The truck was insured with National Insurance Co. Ltd., respondent No. 2.

(3.) The appellant brought action for compensation against the owner of the truck and the insurer. The Tribunal relying on a decision in Ishwar Singh v. Himachal Puri 1990 ACJ 965 (MP), held that under Section 147 of Motor Vehicles Act, 1988, the policy of insurance does not cover liability in respect of death of a person travelling in a goods vehicle for hire or reward hence, in view of Section 149 of the Act, the insurer cannot be directed to satisfy the judgment.