BABY DEVI Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal by the claimants-appellants is directed against the judgment and order dated 7-10-2005 passed by the Claims tribunal, Dhanbad in Title (M. V.) Suit no. 45 of 2004 whereby he has dismissed the claim application filed by the appellant under Sections 166 and 140 of the Motor vehicles Act, 1988.

(2.) ON 13-3-2003 the deceased Suresh pandey was going to Gopal Hardcoke Oven at Ratanpura, Govindpur on Motor Cycle no. J. H.-10-C/5827 with one Raju Singh. The deceased was the owner of the motorcycle when they reached near govindpur suddenly back wheel of the vehicle became punctured as a result of which, the motorcycle became unbalanced and the deceased Suresh Pandey fell down and received head injuries. He was taken to central Hospital, Dhanbad but in course of treatment, he died on the next day on 14-3-2003. The heirs of the deceased filed application under Sections 140 and 166 of the Motor Vehicles Act, for the grant of compensation.

(3.) THE respondent-National Insurance co. Ltd. , being the insurer of the motor vehicle, contested the case by filing written statement. The respondent's case was that the claimants are not entitled to any compensation on the ground that it is not a claim by third party. The claimants are only entitled to coverage regarding personal accident of Rs. one lac from the company.