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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