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2011 DIGILAW 867 (KAR)

New India Assurance Company Limited v. Usha W/o Tukaram Kore

2011-08-29

H.G.RAMESH

body2011
JUDGMENT H.G. Ramesh , J.—This appeal by the New India Assurance Co. Ltd. is directed against the judgment and award dated 15.09.2009 passed by the Motor Accidents Claims Tribunal No. 3, Bijapur, in MVC No. 1336/2006. By the impugned judgment, the Tribunal has awarded a compensation of Rs.4,40,000/- with interest thereon at 6% p.a. to the claimants, who are arrayed as respondent Nos. 1 to 7 herein, for the death of one Tukaram Kore on 14.09.2006 due to the injuries suffered by him in a motor vehicle accident that occurred on 25.08.2006, due to the rash and negligent driving of the Truck bearing No. JH-05/A-8675. The claimants are the widow, children and mother of the deceased. At the time of the accident, the deceased was riding a motorcycle bearing No. MH-13/AG-2685 alongwith his daughter in the pillion. I have heard the learned Counsel appearing for the appellant-Insurance Company and perused the impugned judgment. 2. The sole contention urged by the learned Counsel for the appellant-Insurance Company is that the appellant, under the insurance policy - Ex.R1, has not covered any liability which the insured could have incurred relating to 'public risk', as no premium was collected in that behalf. It is only a 'motor road transit policy' issued in favour of Tata Motors Limited for the period from 01.01.2006 to midnight of 31.12.2006, by collecting a premium of Rs.75/- covering only the risk of 'own damage' i.e. damage to the insured truck. The learned Counsel further submitted that, as no other liability including the liability relating to any third party risk is covered under the aforesaid policy-Ex.R1, the Tribunal had erred in law in making the appellant-Insurance Company liable for the award. 3. The above contention was neither pleaded nor was urged before the Tribunal. However, in the interest of justice, I proceed to examine the contention urged. It is relevant to refer to Section );">147 of the Motor Vehicles Act, 1988 ('the Act' for short): 147. 3. The above contention was neither pleaded nor was urged before the Tribunal. However, in the interest of justice, I proceed to examine the contention urged. It is relevant to refer to Section );">147 of the Motor Vehicles Act, 1988 ('the Act' for short): 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) insures the person or classes of persons specified in the policy to the extent specified in sub-section (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 to 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 passenger of a public service vehicle caused by or 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. Explanation.- For the removal of doubts, it is hereby declared that the death of or bodily injury to any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of the use of a vehicle in a public place notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place. (2) Subject to the proviso to sub- section (1), a policy of insurance referred to in sub- section (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely:- (a) save as provided in clause (b), the amount of liability incurred; (b) in respect of damage to any property of a third party, a limit of rupees six thousand: Provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this Act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is earlier. (3) A policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected a certificate of insurance in the prescribed form and containing the prescribed particulars of any condition subject to which the policy is issued and of any other prescribed matters: and different forms, particulars and matters may be prescribed in different cases. (4) Where a cover note issued by the insurer under the provisions of this Chapter or the rules made thereunder is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority in whose records the vehicle to which the cover note relates has been registered or to such other authority as the State Government may prescribe. (5) Notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of persons. (Emphasis supplied) In view of Section 147 of the Act, which is referred to above, it is not permissible for any insurer (Insurance Company) to issue an insurance policy relating to a motor vehicle without covering the risks which are compulsorily required to be covered under the Act. In other words, an insurer cannot issue a policy covering only the risk of 'own damage'. An insurer is bound to cover such liabilities as are required to be covered under Section 147 of the Act. A policy of insurance shall comply with the requirements of Chapter XI of the Act. Any insurance policy issued by an insurer relating to a motor vehicle is compulsorily required to cover the nature of the risks referred to in Section 147 of the Act to the extent of the liability stated therein. Whether the policy factually complies with the requirements of Section 147 of the Act or not, in law, it is deemed to have covered all the risks which are compulsorily required to be covered under Section 147 of the Act. In the present case, the risk in question is compulsorily required to be covered under Section 147 of the Act Hence, it shall be deemed to have been covered under the policy - Ex.R1 Accordingly, I find no legal infirmity in making the appellant-insurer liable for the award. The appeal is devoid of merit and it is accordingly dismissed. 4. The amount lying in deposit with this Court shall be transferred to the concerned Motor Accidents Claims Tribunal forthwith. 5. Appeal dismissed.