^ w IN THE mGH COURT OF JXJDICATURE AT BILASPUR rc.G.) M.A.-No. 'yi^ /2006 Appellant: ^The Oriental Insurance Company Limited, / Malviya Nagar, Durg (C.G.), Through Divisional Manager, Durg (C.G.). Policy issued by the Oriental Insurance Company Limited, Kamthi Lme, Braneh Office Rajnandgaon [C.G.]. Versus R^spondents: ^-~1~) Smt. Nanda Patel w/o Late Shri Ashwani / ^? KumarPatelagedabout25years. b)- 21 Kumari Himanshi Patel D/o Late Shri Ashwani Kumar Patel aged about 6 ,4^ years. .^/ ^y ^°y] w ^" Kumari Reena Patel D/o Late Shri ^ Ashwani KAimar Patel aged abouf 5 years. §L^4) Deepeshwar Patel s/o Late Ashwaiii ^^Kumar Patel aged about 1 year. 5) Gopendra Patel s/o Late Dayaram Patel 9^g6d about 23 years. >' ^Lj6) Ruckmani Patel w/o late Dayaram Patel ^<^ aged about 55 years. All residents of Shankar Nagar, Durg, Near Durga Chowk, Police Station Mohan Nagar, Tahsil andDistrictDurg(C.G.) onbehalfof minor respOndent no. 2 to 4 his mother Smt Nanda Patel i.e. respondent no. 1. .^_ ___-______--. APPEAL UNDERSECTION 173 OF THE MOTOR VEHIGLE ACT HIGH COURT OF CHHATTISGARH, BILA8PUR DB: HON»BLBI.M. QUDDU8I SB HON»BLBPRA8HANT KUMAR MI8HRA, JJ M. A Np. 398 PF 2Q06 Vs. APPEAL UNDBR SECTION 173 OF THB MOTOR VEHICLES ACT. 1988 APPBARANCE Mr. Manish Upadhyay, counsel for fhe appellant. Mr. B. P. Singh, Counsel fbr fhe respondents. Per LM. QUDDUSL J & 1. Heard. PRDBR(pRALI (26.04.2011) 2. This appeal has been filed by the Insuraace Conipaay agamst fhe impugned award dated 28.02.2006 passed by the XII Additional Motor Accident Clafcms Tribunal, Durg (C.G) ia Clami Case No. 15/2005 so far as it relates to fhe liabiUty unposed upon fhe appellaat. 3» Brieffacts ofthe case as per the version ofthe clamiaats are fhat on 17.03.2001 deceased Ashwia Kumar Patel was going to Raipur by his own Hero Honda Motorbike beanng Regn.no. M.P.29/4014. On fhe way at about 8.00 p.m. near village Puri on Dhaintad-Raipur Highway he met with aa accident, as a resxilt ofwhich, he fell down on fhe road side along-wifh his bike aad died on fhe spot due to head iajuries sustamed by him in the said accident At fhe tmie of APPBLLANT The Oriental Insuraace Company Limited, Durg RBSPONDENT^ Sxnt. Nanda Patel and ofhers accident, fhe deceased was aged about 32 years, He was workmg as Senior Assistaat ia Govt. Higher Secondaiy School, Balod and was drawing a monfhly salaiy of Rs.6453/- per inonth. The claiiaants beiag dependents/legal representatives have filed claim petition for fhe award of conipensation to fhe tune of Rs.16,34,000/- on various heads ia Ueu ofdeafh offhe deceased. 4. Siace the deceased was dnver of fhe two-wheeler, he cannot be toreated as fhird party. In comipliaace wifh fhe Insurance PoUcy, the Insuraiice Regulatory Developinent Aufhonly (IRDA) has issued a Circular vide reference dated 16.11.2009 to CfiOs of aU fhe Insiiraace Coinpanies clarifyiag fhe earUer Circulars dated 18th March, 1978 and 02nd June 1986 issued by fhe Tadff Advisoiy Committee fhat the iasured's liabiUty ia respect of occupaat(s) carried ia Private Car aad PUlion Rider carded on two-wheeler is covered under fhe Standanl Motor Package PoUcy (Coinprchensive PoUcy), fherefore, the driver of fhe two wheeler is not covered uuder fhe same. 5. However, fhere are several endorseiaents ia fhe Insuraace PoUcy tifled as Motor Cycle <<BW PoUcy (India). One of such Endorseinents is IMT 71, which relates to Personal Accident Cover for Driver (ofher thaa fhe paid driver). It reads ia fhe foUowiag tenns: ^ IMT 71 PERSONAL ACCIDBNT COVBR FOR DRIVBR (OTHER THAN PAID DBIVBR) "It is hereby iiaderstood aad agreed fhat fhe company undertakes to pay compensation cn fhe scale provided for bodily iajuiy/death as hereinafler defined sustaiaed by driver (ofher fhan paid driver) of fhe vehicle m direct connection wifh fhe use of Motor "^ ^%.. Vehicles or whUst niounting or disinounting or driviag fhe vehicle aad caused by violent accidental, exteraal and visible laeans which iadependenfly of axiy ofher cause shall withia 12 calender monfhs of the occurrence of such iajuiy result in ; Por fhe piirpose of Clause (b) & Clause (c) above physical separation of hand or foot meaas separation or above fhe wrist aad or at or above fhe aakle respectively. Permaaent total disablement fi-om mjuries (ofher fhaii named above) which shaU as a direct consequence fhereof peruiaaeufly, totaUy, absolutely, disable fhe iasured from engaguig ixi aa employineiit or occupation of aay description. Provided always fhat Coiapensation shaU be payable under one only of itenis (a) to (d) above ia respect of aay such person adsiag out any one occurrence aad fhe total liabilily of fhe Compaay shaU not ia aggregate exceed tiie suia of Rs.20,000/- dziring aay one period of any such person. Such person shaU hold a vaMd driviag license at the tfcme of accident. Scale of compensation Aanouat a) Deafh oBly Rs.20,000/- ~w Total irrecoverable loss of (i) Sight of bofh eyes or of fhe actual loss ofphysical separation of fhe two entire haads or two entire feet or of one entire haad, aad one entire foot, or of such loss of sight of oiic eye and loss of one entire foot of one entire haad (ii) Use of two haads or two feet or ofone hand aad ofone foot, or of such loss of sight of one eye aad such loss of use of one haad or one foot Rs.20,000/- Rs.20,000/- ~w Total irrecoverable loss of (i) The sight of one eye or of fhe actual loss by physical separation of one entire hand or one entibre foot. (ii) Use of haad or a foot wifhout physical separation. Rs.10,000/- Rs.10,000/- !.,^"as^ •:-s^ 1 good. No coiapensation shaU be payable ia respect of deafh or bodUy iajury directiy or ifidirecfly, wholly or ia part adsiag or resulting froia or traceable to (1) iateiitional self iajuxy, suicide or atteiapted suicide or (2) an accident happening whilst such person is under fhe iafluence of iatoxicating Uquor or drugs. Such coinpensation shaU be payable directiy to fhe itijured driver or to his/her legal represeutatives whose receipt shall be a full aad final dischai^e ia respect of fhe iiyury to such person. No coinpensation under fhis endorseinent shall be payable if fhe driver involved ia fhe accident in ofherwise entifle to a compensation under Workoien's Coinpensation Act, 1923. Subject ofherwise to fhe tertns, exceptions, conditions aad liinitations ofthis poUcy." Note : for legal io.terpretatlon English version will hold A perusal of fhe clause (a) of IMT 71 shows fhat fhe liability of the Insurance Compaay is limited to fhe extent of Rs.20,000/- and not beyond fhat ia case of deafh of the driver. In view of the above, we allow fhis appeal ia part aad modify fhe impugned award dated 28.02.2006 to fhe extent ftiat fhe claioiaats would be entitled to get Rs.20,000/- as coiapensation ia aU wifh iaterest @ 6% per aniiiim froin fhe date of fiting of the Claun Petition tlU its payment is made. No order as to costs. The ainoxint if already deposited ia pursuaiice of fhe impugned award, shaU be refunded to the appeUaat after deducting the ainount which has been awarded by fhis Coiirt ia fhis appeal. Sd/- I.M. Quddusi Judge Sd/- Prashant Kumar Mishra Judge Rao