NATIONAL INSURANCE CO LTD Vs. ABDUL SALAM

JUDGEMENT

(1.) THIS appeal is by the Insurer challenging the liability on the ground that there is no Insurance coverage for the owner himself, for having sustained injuries in the accident, since the policy cover is only to the driver for his negligence for which the owner is vicariously liable and also contends that if any premium is paid for personal accident, it is only in respect of driver -cum -owner. The compensation awarded by the Tribunal as Personal Accident is without any basis and when the insurer has to indemnify the owner, if the owner himself sustains injury, the question of payment of compensation to him does not arise at all.

(2.) ON the other hand, in the Cross Objection filed by the claimant, learned counsel relied upon the judgment of the Apex Court in ORIENTAL INSURANCE CO.LTD., Vs. RAJNI DEVI AND OTHERS, 2008 ACJ 1441to contend that compensation under Personal Accident insurance is payable as per the premium paid though owner is not a third party.

(3.) LEARNED counsel appearing for the appellant also submitted that the Tribunal has no jurisdiction to deal with the matter when the owner himself suffers an injury in the accident. The indemnification is only for 3rd parties as owner -cum -driver and not to the owner himself for the injuries sustained in the accident.