Smt. Leela Bai v. MISC

I. M. Quddusi J. This appeal has been filed by the appellant/Insurance Company the impugned award dated 13.4.2011, passed by the 4dl Additional M.A.C.T. Bilaspur in Claim Case No. 8/2011, awarding against a sum of Rs. 3,96,000/- as compensation along with interest at the rate of 6% per annum from the date of the application, holding the including the appellant/Insurance non-applicants No. Company, as jointly and severally liable to pay the amount of compensation. 1 and 2, Brief facts of the case are that deceased Gopal Sahu was working as Driver of tbe vehicle - Swaraj Mazda, bearing registration No. C.G. 10-C/1194. On 7.8.2010 wheii he was taking the vehicle from Sirgitti to Saraipali, loaded with artie-les, on the way, is why, deceased was getting repaired the vehicle. in front of Satsang Bhavan, Torva, Bilaspur,^the clutch plate of the vehicle got broken. That In that repairing process, while the deceased was beneath the vehicle, some unknown vehicle hit the stationary Swaraj Mazda from the back.side.

As a result of this accident deceased received grievous injuries ahd % ^ during the treatment he died in the hospital on the same day in the night at about 10.30 p.m. The claimants/dependents of the deceased filed a claim case under Section 163-A of the Motor Vehicles Act, 1988 claiming total compensation of Rs. 10,27,200/-. Learned Claims Tribunal having regard to the facts situation and the evidence on record awarded the total sum of Rs. 3,96,000/- as compensation to the claimants along with interest @ 6% per annum from the date of the application, holding the non-applicants jointly and severally liable to pay the amount of compensation. Being aggrieved the appellant/Insurance Company has filed the instant appeal. We have heard learned counsel appearing for the parties and perused the record. On perusal of the papers on record, it is evident that the vehicle was insured under the 'Comraercial Vehicle - Package Policy wherein the legal liability of two persons for operation/maintenance was there.

Section 163-A of the Act, 1988 provides that the owner of the motor vehicle or the authorized insurer is liable to pay compensation in the case of death or permanent disablement due to accident arising out of the use of motor vehicle. In the instant case the deceased - Driver was taking the vehicle from Sirgitti to Saraipali. As on the way the vehicle becarne out of order, he was getting repaired the vehicle and the accident had occurred due to the use of the own vehicle. Thus, we are of the opinion that there is no scope for interference with the findings recorded by the learned Claims Tribunal.