MOHAMMED YUSUF Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) This appeal is by the owner of the vehicle involved in the accident, whose claim for compensation has been rejected on the ground that claim petition filed by him under section 166 of the Motor Vehicles Act, 1988, was not maintainable.

(2.) Petitioner is the owner of Maruti van bearing registration No. KA 26-M 901. He insured the said vehicle with the respondent who has issued the insurance policy. According to the claimant it is a comprehensive policy. Policy was in force as on 27.1.2004. The petitioner was driving the vehicle on 27.1.2004 on Dandeli-Haliyal Road. The vehicle met with an accident at a place called Karki. Petitioner sustained injuries. Therefore, he preferred a claim petition claiming a sum of Rs. 35,20,000 in respect of the injuries sustained by him. Insurance company is the sole respondent in the claim petition.

(3.) The respondent after service of notice entered appearance and filed detailed statement of objections. It is specifically contended that the petition under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') is not maintainable. Under the Act, the liability of the insurance company arises only if there is a liability foisted on the owner of the vehicle and insurance company is under the legal obligation to indemnify the owner against the claim made against him in respect of the motor vehicle accident. Therefore, the owner himself cannot put forth a claim against the insurance company for the injuries sustained by him in a motor vehicle accident.