ORIENTAL INSURANCE CO LTD Vs. KAVITA SINGAL

JUDGEMENT

(1.) The Appellant Oriental Insurance Co. Ltd. impugns the award dated 20.08.2009 passed by the Motor Accident Claims Tribunal whereby a compensation of Rs. 1,00,000/- as personal accident insurance cover was awarded in favour of the Respondents No.1 to 3 who are the legal heirs of deceased Vikas Singhal. He died in an accident, which took place on 19.11.2006. The finding that the accident was caused on account of deceased s own negligence is not disputed as the Respondents No.1 to 3 have not filed any appeal or crossobjection against the judgment. The Tribunal relying on the judgment of the Supreme Court in Oriental Insurance Co. Ltd. v. Rajni Devi & Ors., 2008 5 SCC 736 and Ningamma & Anr. Vs. United India Insurance Co. Ltd., 2009 13 SCC 710, held that the deceased stepped into the shoes of the owner i.e. Respondent No.4 Vineet Singhal and was, therefore, entitled to a compensation of Rs. 1,00,000/- as personal accident insurance cover.

(2.) In my view the Tribunal misinterpreted the judgment in Ningamma , it was nowhere laid down in Ningamma that a personal accident cover made in respect of the owner driver would extend to anybody driving the two wheeler covered by the policy of insurance. Ningamma and Rajni Devi were in the context that compensation under Section 163 (A) cannot be claimed by an owner or anybody driving the vehicle with the permission of the owner (not being his employee) against his own insurer as in respect of 3 rd party risk, the liability of insurance company is to indemnify the owner. The relevant portion of the report in Nigamma is extracted hereunder: -

(3.) A perusal of the insurance policy placed on record shows that an additional premium of Rs. 50/- was paid for owner-driver under GR-36A. An order dated 11.12.2009 was passed by this Court (in this case); relevant portion of the order is extracted hereunder: -