CHOLA MANDLAM Vs. AMBIKA SONI

JUDGEMENT

(1.) Present is an insurer's appeal under Sec. 173 of the Motor Vehicles Act. Challenge is to the award dtd. 8/8/2014 passed by Additional Motor Accident Claims Tribunal, Gariyaband in Claim Case No.06/2012. Vide the impugned award, the Tribunal has in a death case of the owner of the insured vehicle itself has granted a compensation of Rs.9,57,546.00 with interest @ 9 percent per annum from the date of application.

(2.) The solitary contention of the counsel for the appellant-insurance company is that it is a case where on 17/10/2011 a TATA Safari bearing registration No.CG-04-HB-1555 owned by the deceased Purnanand Soni, insured by the appellant Chola Mandlam MS General Insurance Company Ltd., suffered injuries as a result of an accident that occurred when the TATA Safari turned turtle to which he later succumbed. The vehicle was being driven by the respondent No.5 Anil Thakur.

(3.) The contention of the counsel for the appellant is that since the deceased was traveling in his own vehicle and there was no other vehicle involved in the said accident, the claim of the claimants under Sec. 166 of the Motor Vehicles Act itself would not had been maintainable as the owner could could not have filed the case against himself particularly when he himself was travelling in the said vehicle. It is further contention of the appellant that neither would the application of the claimants be maintainable under Sec. 163-A of the Motor Vehicles Act.