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SANJAY KUMAR JAISWAL
Hitesh Bus Service, Through Its Proprietor- Bhanj Singh Thakur – Appellant
Versus
Saroj Singh Wd/o Pradeep Singh – Respondent
ORDER :
Sanjay Kumar Jaiswal, J.
1.Present is an owner’s appeal under section 173 of the Motor Vehicles Act challenging the award dated 05.05.2016 passed by the 5th Additional Motor Accident Claims Tribunal, Bilaspur (CG) in Claim Case No.353/2014 whereby the Claims Tribunal has awarded total compensation of Rs.3,71,000/- with interest @ 6% per annum, from the date of application till its realization, in favour of the claimants and against the appellant.
2.The gist of claim before the Tribunal in short was that on 06.05.2011, deceased Pradeep Singh, who was working as a conductor & cleaner in the bus bearing registration No.CG 10 A 9222 had climbed on the roof of the said bus to load luggage. All of sudden, the driver of the said bus respondent no.5 Parmeshwar Jaiswal drove the bus negligently, due to which, Pradeep Singh fell down from the bus and died on the spot. The claimants, who are the wife and children of the deceased, preferred a claim application before the Tribunal claiming total compensation of Rs.7,51,000/-. Learned Claims Tribunal, on a close scrutiny of the evidence available on record, award total compensation of Rs.3,71,000/- in favour of the claimants with interest
The insurance policy covering a conductor's risk is valid under IMT-28, and the distinction between conductor and cleaner is not legally sustainable.
Insurance liability is established for the deceased conductor under the paid premium clauses of the applicable vehicle insurance policy.
The insurance policy's terms and conditions, including the coverage of risk for employees, are crucial in determining the liability of the insurance company to pay compensation.
Insurance companies are not liable for employee injuries in vehicles unless additional premiums are paid for coverage under the policy.
The liability of the insurance company under the Motor Vehicle Act and the coverage of risk for helper/cleaner under the insurance policy were the central legal points established in the judgment.
The insurance company's liability to compensate was affirmed, determining that the deceased was a helper covered under the policy, contrary to the lower court's ruling.
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