ORIENTAL INSURANCE CO LTD Vs. SHOBHA P.

JUDGEMENT

(1.) This appeal is filed challenging the judgment and award passed in M.V.C.No.230/2012 dated 06.12.2012 on the file of the Principal Civil Judge (Sr.Dn.) & MACT, at Srirangapatna questioning the liability fastened on the Insurance Company to pay compensation of Rs.50,000/- on the head of no fault liability.

(2.) The factual matrix of the case is that the claimants before the Tribunal have contended that the deceased Cheluvaraju met with an accident on 15.01.2012 at about 1.30 p.m. and due to the injuries, he succumbed to the same. Hence, the claim petition was filed before the Tribunal. The Tribunal allowed the claim petition granting compensation of Rs.50,000/- on the head of no fault liability, as the deceased was the insured of the vehicle involved in the accident. Hence, the present appeal is filed contending that the Tribunal has committed an error in fastening the liability on the Insurance Company directing to pay the amount of Rs.50,000/- on the head of no fault liability.

(3.) The deceased Cheluvaraju being the owner of the insured vehicle, the claimants, who are the legal heirs of the deceased Cheluvaraju are not entitled for any compensation and also contended that the policy is an act policy and in view of the judgment reported in the case of National Insurance Company Limited -vs- Sheela and Anotherin, 2009 ACJ 1433 , the Tribunal without considering all these aspects erred in fixing the liability on the appellant-Insurance Company without any basis. The Tribunal ought to have noticed that deceased himself is the owner of the vehicle in question and the respondents being the wife and children cannot assume the seat of third parties as per the terms and conditions of the insurance policy. The appellant-Insurance Company is liable to pay the compensation only for bodily injuries or death that may be caused to a third party alone. Hence, the liability fastened on the appellant-Insurance Company is incorrect and the same is liable to be set aside.