NEW INDIA ASSURANCE CO LTD Vs. MEERA BAI

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Special leave granted.

(3.) It is submitted on behalf of the appellant Insurance Company that the High Court was clearly in error in awarding a sum of Rs. 1,99,500.00 by way of compensation along with interest @ 9% p.a., in view of the fact that the policy of insurance did not cover the risk of the owner of the vehicle, who was the insured. He relies upon a decision of this Court in Dhanraj V/s. New India Assurance Co. Ltd., 2004 8 SCC 553 and contends that the judgment clearly lays down that in the absence of coverage in respect of the owner, the claim could not be sustained. We have perused the aforesaid judgment. It does support the case of the appellant.