NEW INDIA ASSURANCE CO. LTD Vs. GAIN SINGH

JUDGEMENT

(1.) By way of filing this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'Act of 1988'), the appellant Insurance Company is seeking setting aside of award dtd. 22/5/2001 passed by the Motor Accident Claims Tribunal (for short, 'MACT') Beawar, Ajmer in Claim Case No.16/2000 by which a direction has been issued to the appellant to pay compensation of Rs.4,38,000.00 with interest @ 9% per annum to the claimants/respondents w.e.f. the date of filing the claim petition.

(2.) The bone of the contention of the counsel for the appellant is that the deceased himself was driving the insured vehicle, hence, he could not be covered under Insurance Policy as per the Proviso contained under Sec. 147 (1) of the Act of 1988 and the claimants would be entitled to claim compensation only under the Workmen Compensation Act, 1923 (for short, 'WC Act of 1923').

(3.) This fact is not disputed that the deceased Shankar Singh was driving the trolla bearing No.HR-38/D-3461 on the fateful day when the driver of the truck bearing vehicle No.RJ27/G-3233 caused the accident on 24/12/1999 due to which the driver Shankar Singh died and two persons namely Norat and Daulat Singh sustained injuries.