UNITED INDIA INSURANCE CO LTD Vs. REKHA

JUDGEMENT

(1.) THIS appeal under section 173 of Motor Vehicles Act, 1988 ('the Act' or 'the Act of 1988' for short hereinafter) has been preferred by the insurer of a motor cycle bearing registration No. RJ19 7-M 0131 being aggrieved of the award dated 20. 3. 2006 made by the motor Accidents Claims Tribunal [additional District Judge (Fast Track) No. 4], jodhpur in Claim Case No. 281 of 2005.

(2.) BY the award impugned, the Tribunal has allowed the claim application under section 163-A of the Act made by the wife, minor child and mother of the vehicular accident victim Praveen Solanki (about 33 years); and has awarded compensation in the sum of Rs. 4,36,200 while assessing pecuniary loss at Rs. 4,08,000 and allowing treatment expenditure at Rs. 1,200 and the other components of general damages including mental agony, loss of love and affection, loss of consortium and funeral expenses at Rs. 27,000. Insurer essentially seeks to question the very competence of the claim application for the reason that the victim Praveen Solanki himself was the driver of the insured vehicle, i. e. , the motor cycle bearing registration No. RJ 19 7-M 0131 ; and according to the appellant, liability in relation to the said victim is not covered under the 'act only' policy for the statutory requirements of compulsory coverage of the risk of persons or classes of persons does not encompass the risk of the driver of such vehicle.

(3.) THE background facts are that on 26. 6. 2004 the respondents-claimants made claim application under section 163-A of the Act of 1988, with the submissions that on 22. 1. 2004 at about 7. 20 p. m. , the victim praveen Solanki, while proceeding on the said motor cycle bearing No. RJ19 7-M 0131 from Jodhpur towards Nagaur, was hit from behind by a jeep on main Mandore road in front of RAC Gate No. 2; consequently he collided with an oncoming motor cycle bearing registration No. RJ 19 12-M 2531; and due to such collision the riders of the two motor cycles sustained injuries; and Praveen Solanki succumbed to the injuries next day while undergoing treatment. As legal heirs and dependants of the deceased Praveen Solanki, the claimants asserted their entitlement to claim compensation in terms of section 163-A read with Second Schedule to the Act of 1988 from registered owner of the motor cycle No. RJ 19 7-M 0131, non-applicant no. 1 and its insurer, the non-applicant no. 2.