DIPALI CHATTOPADHYAY Vs. NEW INDIA ASSURANCE CO LTD
HIGH COURT OF CALCUTTA
NEW INDIA ASSURANCE CO.LTD.
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S.P.Talukdar, J. -
(1.)The present appeal
is directed against the judgment dated
31.8.2001 passed by the learned Judge,
M.A.C. Tribunal, 3rd Court, Burdwan, in
M.A.C.C. Nos. 96 and 404 of 2000.
(2.)Applicants before the learned
Tribunal, namely, Dipali Chattopadhyay and
Saugat Chattopadhyay filed an application
under section 163-A of Motor Vehicles
Act, 1988 praying for compensation for
the death of Shyamal Chattopadhyay. The
applicants stated before the learned Claims
Tribunal in the said application that on
13.10.2000 the said Shyamal
Chattopadhyay, since deceased, was going on his
own scooter bearing the No. BR 9A-0510
along G.T. Road and at about 1.15 p.m.
while it reached near Muchipara, Durgapur
it dashed against a truck. As a result of the
said accident, he died on the spot. New
India Assurance Co. Ltd. is the concerned
insurance company in respect of scooter
bearing the No. BR 9A-0510 which was
involved in the said accident. The victim,
since deceased, was 55 years of age at the
time of such accidental death. He was an
employee of the Hindustan Fertilizer Co.
The applicants are the wife and son of
the deceased. The deceased was having an
income of Rs. 6,490 per month. Referring
to Second Schedule to Motor Vehicles Act,
compensation of Rs. 2,30,000 was prayed
for in the said application under section
163-A of the Motor Vehicles Act, 1988.
(3.)Learned Tribunal by its judgment
dated 31.8.2001 dismissed the claim
application by observing that "if the owner dies
in an accident while using his own vehicle
which has been insured by him, he does
not acquire any right to get compensation
from the insurance company. A personal
accident insurance policy alone can cover
this claim and the policy issued to the
deceased not being a personal accident
insurance policy, it does not cover such
liability of the insurance company. The
insurance company insures the liability of the
insured and does not insure the insured".
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