UNITED INDIA INSURANCE COMPANY LIMITED Vs. SURESH

JUDGEMENT

(1.) The Insurer is in appeal challenging the award of Rs.60,000.00 granted to the claimant for the injuries suffered by him in an accident which occurred on 21/9/2014.

(2.) It was the case of the claimant that he was riding pillion on the two wheeler, when the rider of the motorbike lost control and fell down and as a consequence of which, he also fell down and suffered injuries. He sought for compensation and the Tribunal after assessing the injuries, determined that he was entitled to a sum of Rs.60,000.00 as compensation.

(3.) It is the principal contention of the Insurer that the claimant was the owner of the vehicle and even if he was riding pillion, he would not be entitled to claim compensation against the Insurance Company from which he had purchased a policy covering the risk of an accident to his vehicle. It is sought to be contended that essentially, if the claim of the owner is accepted, it would amount the owner getting the benefit of his own fault. It is stated that since the Insurance Company only indemnifies the owner, in the event of an award in favour of a third party as a result of an accident, the owner cannot contend that he should also be paid compensation for any injuries suffered by him. In other words, it is contended that in respect of a motor vehicle accident, the owner cannot claim compensation against the Insurance Company, even if he is riding pillion.