Karnataka High Court
The New India Assurance Co. Ltd. vs Meenaxi on 11 November, 1980
Equivalent citations: AIR1981KANT68, 1981(1)KARLJ32, AIR 1981 KARNATAKA 68, (1981) TAC 302 (1981) 1 KANT LJ 32, (1981) 1 KANT LJ 32
JUDGMENT Sabhahit, J.
1. This appeal by the Insurance Company is directed against the judgment and award dated 20-2-1979 passed by the Accidents Claims Tribunal, 11, Belgaurn, in M. V. C. No. 24 of 1978, on its file, awarding compensation of Rs. 34,000/to the claimants and fixing the liability jointly and severally on all the respondents including the Insurance Company.
2. The ground made out by the Insurance Company in this appeal is that the Insurance Company's liability is limited to what is stated in the Workmen's Compensation Act as per Section 95 of the Motor Vehicles Act as the person who died was a Hamal who was travelling in the lorry. Section 95 (2) of the Motor Vehicles Act makes it clear that the liability of the insurance Company for the death of employee like a Hamal is limited to what is contained in the Workmen's Compensation Act. The Hamal, according to the evidence on record, was getting Rs. 3001- per: month. Under Sch. IV of the Workmen's compensation Act (amended) for the death of a workman getting between Rs. 2P01- and Rs. 3001- per month the quantum prescribed is Rs. 18,000/- as compensation. Hence, the Tribunal ought to have fixed the liability of the Insurance Company under Section 110-B of the Motor Vehicles Act at Rs. 18,000/-. To that extent the ' appeal is entitled to succeed.
3. In the result, the appeal is allowed. The liability of the Insurance Company is limited to Rs. 18,00()/- along with interest and costs. The balance shall be paid by the owner and the driver of the vehicle jointly and severally.
4. Appeal allowed.