NATIONAL INSURANCE CO LTD Vs. PARVATHAMMA

JUDGEMENT

(1.) Respondents 1 to 3 herein, instituted in the Motor Accident Claims Tribunal, (for short "Tribunal") a claim petition under Section 166 of Motor Vehicle Act 1988, (for short 'Act') on 6-11-2002 to award compensation of Rs.15,00,000/-. 4th respondent herein was the 1st respondent and the appellant was the 2nd respondent, in the said claim petition. For the sake of convenience, parties would hereafter be referred to with reference to their ranks in the claim petition.

(2.) Brief facts of the case are : Petitioners are the widow and children of one Chandrappa s/o late Dasegowda of Narayanaghattahalli village in Arsikere Taluk. Said Chandrappa, owned a Motor Vehicle, Maxicab bearing No. KA-18-3125. On 27-8-2002, Chandrappa while travelling in his said vehicle to go to Tiptur. on account of the rash and negligent driving by its driver, which resulted in an accident, sustained injuries. Injured Chandrappa was immediately shifted to a hospital for treatment. Two days later, he succumbed to the injuries. Wife and children of deceased, filed claim petition against the driver and insurer of the vehicle.

(3.) After service of notice, driver remained absent and was placed ex parte by the Tribunal. Insurance Company filed its objections on 15-9-2003, denying the case of the petitioners. It stated that deceased was owner of the vehicle, that it had issued an insurance policy to the R.C. holder - Chandrappa; that the policy does not cover the risk of the owner of the vehicle and hence, the petitioners who are the legal heirs of the deceased, will not be entitled to claim from the Insurance Company. It was further stated, the Insurance policy issued, excludes the risk of insured and hence the petition is not maintainable against it.