Case Note & Summary
The case involves an appeal by The Oriental Insurance Co Ltd against the judgment and award dated 07.03.2019 passed by the Motor Accident Claims Tribunal (Aux.), Kachchh, in Motor Accident Claim Petition No.15/2016. The claimants, including the husband of the deceased, sought compensation for the death of Baluben Ramabhai Bharwad, who died on 19.12.2000 when she fell from a dumper (bearing No.GJ-14-T-3517) while trying to climb it, as the driver abruptly started the vehicle. The Tribunal partly allowed the claim and awarded compensation of Rs.6,41,200/- with 7.5% interest. The Insurance Company appealed, arguing that the deceased was an unauthorized passenger in a goods vehicle, and thus, the Insurance Company is not liable under Section 147 of the Motor Vehicles Act, 1988. The Insurance Company also contended that the husband cannot be considered a dependent, and the income assessment of Rs.2000 per month was without evidence. The court, after hearing both sides, allowed the appeal, setting aside the Tribunal's award. The court held that the Insurance Company is not liable to pay compensation as the deceased was an unauthorized passenger in a goods vehicle, relying on the Supreme Court decision in National Insurance Company Ltd. Vs. Choleti Bharatamma & Ors. (2008) 1 SCC 423. The court also noted that the husband is not a dependent and that the income assessment lacked evidence. The appeal was allowed, and the claim petition was dismissed.
Headnote
A) Motor Vehicles Act - Unauthorized Passenger in Goods Vehicle - Liability of Insurance Company - Section 147, Motor Vehicles Act, 1988 - The deceased was climbing a dumper when the driver abruptly started the vehicle, causing her to fall and die. The Insurance Company contended that the deceased was an unauthorized passenger in a goods vehicle, and thus, the Insurance Company is not liable to pay compensation. The court held that the Insurance Company is not liable as the deceased was an unauthorized passenger, relying on National Insurance Company Ltd. Vs. Choleti Bharatamma & Ors. (2008) 1 SCC 423. (Paras 4, 6) B) Motor Vehicles Act - Dependency - Husband as Dependent - Section 166, Motor Vehicles Act, 1988 - The claimant, husband of the deceased, sought compensation. The Insurance Company argued that the husband cannot be considered a dependent. The court held that the husband is not a dependent and is not entitled to compensation. (Para 5) C) Motor Vehicles Act - Income Assessment - Lack of Evidence - Section 168, Motor Vehicles Act, 1988 - The Tribunal assessed the deceased's income at Rs.2000 per month without any evidence. The court held that in the absence of evidence, the income assessment was not permissible. (Para 5)
Issue of Consideration
Whether the Insurance Company is liable to pay compensation for the death of an unauthorized passenger in a goods vehicle, and whether the husband can be considered a dependent for compensation.
Final Decision
The appeal is allowed. The judgment and award dated 07.03.2019 passed by the Motor Accident Claims Tribunal (Aux.), Kachchh, in Motor Accident Claim Petition No.15/2016 is set aside. The claim petition stands dismissed.
Law Points
- Insurance company not liable for unauthorized passenger in goods vehicle
- husband not dependent for compensation
- no evidence of income
- breach of policy conditions
