Andhra HC (Pre-Telangana)
Oriental Insurance Co. Ltd., Warangal vs Thudi Mallamma And Others on 6 September, 2000
Equivalent citations: 2000(6)ALD461, 2000(6)ALT585, [2001(88)FLR654], AIRONLINE 2000 AP 4
Author: N.V. Ramana
Bench: N.V. Ramana
JUDGMENT
1. This appeal is directed against the award and decree dated 26-4-1993 made in OP No. 308 of 1991 filed under Section 166(c) of the Motor Vehicle Act, on the file of learned Motor Accidents Claims Tribunal-cum District Judge, Karimnagar, seeking compensation of Rs. 1,00,000-00 on account of the death of the deceased by name Thudi Venkataiah in a motor accident.
2. The deceased- Thudi Venkataiah along with others were engaged as labourers on 7-4-1991 to load and unload the bamboo sticks on a tractor bearing No.APO-4165. While so, on their return journey to Madka village from Shanagonda village, the tractor was driven at high speed and in a rash and negligent manner thereby the deceased fell down at the outskirts of Shanagonda village at about 6-00 p.m., from the tractor and came under the wheels of the tractor that thereafter the deceased died in the Headquarters Hospital, Karimnagar. On preferring complaint, a case has been registered against the accused. On account of the death of the deceased, the claimants filed the petition seeking compensation of Rs.1,00,000-00 under different heads.
3. The claim of the claimants was resisted by the respondents-Insurance company, owner and driver of the tractor.
4. Before the Tribunal two witnesses were examined on behalf of the claimants and none were examined on behalf of the respondents. ExsA1 to A6 were got marked by the claimants and Ex.B1 was got marked by the respondents.
5. The Tribunal, on considering the evidence available on record, awarded a total compensation of Rs. 1,00,000-00.
6. Aggrieved by the said award, the Insurance Company filed this appeal. It is contended by the learned Counsel for the appellant that the claimants are not entitled for compensation under the Motor Vehicles Act, but they are only entitled to seek compensation as per the formula prescribed under the provisions of the Workmen's Compensation Act, 1923 (for short 'the Act 1923') against the Insurance Company. Under Section 4(1)(a) of the Act, 1923 where death results from the injury, compensation shall be granted an amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor or an amount of rupees fifty thousand, whichever is more. In this case, admittedly, the age of the deceased in 30 years and even though the claimants claimed that the deceased was earning Rs. 1,000-00 per month, the Tribunal has given a clear finding that the salary of the deceased was Rs.600-00 per month. 50% of Rs.600-00 comes to Rs.300-00. Under Schedule IV of the Act, 1923, the relevant factor to "claim compensation of the workman of the age not more than 30 years old is 207.98. So if it is concluded on that basis, the amount would be Rs.49,915-00. Section 147 (1) of the Motor Vehicles Act, reads as follows:
"Section 147. Requirements of policies and limits of liability :--(1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which,--
(a) is issued by a person who is an authorised insurer; and
(b) insurers the person or classes of persons specified in the policy to the extent specified in subsection (2)--
(i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person, including owner of the goods or his authorised representative carried in the vehicle or damage any property of a third party caused by or arising out of the use of the vehicle in a public place.
(ii) against the death of or bodily injury to any passengers of a public service vehicle caused by sor arising out of the use of the vehicle in a public place :
Provided that a policy shall not be required :--
(i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the Workmen's Compensation Act, 1923 (8 of 1923) in respect of the death of, or bodily injury to, any such employee :--
(a) engaged in driving the vehicle; or
(b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining tickets on the vehicle; or
(c) if it is a goods carriage, being carried in the vehicle; or
(ii) to cover any contractual liability.
7. In view of that, the amount would come to Rs. 49,915-00 with 12% interest from the date of filing of the petition. Learned Counsel for the appellant submits that the liability of the Insurance Company is only to the extent of Rs.49,915-00. The rest of the decretal amount must be paid by the owner of the vehicle. So, the appeal is allowed partly and the liability of the Insurance company is only the extent indicated above i.e., Rs.49,915-00 only with interest at 12% per annum from the date of filing of the petition. No costs.