UNITED INDIA INSURANCE COMPANY LIMITED Vs. MUMTAZ BEGUM

JUDGEMENT

(1.) This appeal by United India Insurance Co. Ltd. is directed against the judgment and award dated 14.9.2007 passed by the Twelfth Additional Motor Accidents Claims Tribunal, Shorapur, sitting at Shahapur in M.V.C. No. 2 of 2006. By the impugned judgment, the Claims Tribunal has awarded a compensation of Rs. 3,10,700 with interest thereon at 6 per cent per annum to respondent No. 1 for the death of her son by name Tariq Nadeem due to the injuries suffered by him in a motor vehicle accident that occurred on 5.6.2002 while he was travelling as a passenger in his private jeep bearing No. KA 23-M 2981. He died on 22.7.2002. The appellant being the insurer of the aforesaid jeep is made liable to pay the award amount. Deceased himself was the owner-insured of the said jeep.

(2.) I have heard the counsel appearing for the parties and perused the impugned judgment.

(3.) On the facts of the case, it is unnecessary to consider all the contentions urged by the counsel for the appellant. One of me contentions urged is that the claim petition filed by respondent No. 1 under section 166 of the Motor Vehicles Act, 1988 ('the Act' for short), for the death of her son, namely, Tariq Nadeem was not maintainable in law as the deceased himself was the owner-insured of the jeep. He submitted that the deceased himself being the owner-insured of the jeep, a claim for compensation relating to his death is not maintainable under the Act as against his own insurer as an insured is not a 'third party' vis-a-vis his own insurer.