ORIENTAL INSURANCE COMPANY LTD. Vs. RASHMI & ORS.

JUDGEMENT

(1.) The Appellant Oriental Insurance Company Ltd. takes exception to a judgment dated 18.05.2012 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while holding that the Appellant Insurance Company was liable to cover the risk in respect of only a third party awarded a compensation of Rs.1,00,000.00 towards personal accident cover.

(2.) It is urged by the learned counsel for the Appellant Insurance Company that a sum of Rs.50.00 was charged towards the personal accident cover which was meant only for the registered owner if he himself was driving the two-wheeler at the time of the accident. It is stated that the Claims Tribunal erred in awarding a compensation of Rs.1,00,000.00 which was meant for the driver-owner.

(3.) The facts of the case are not very much in dispute. As per the averments made in the Claim Petition, on 08.02.2009 deceased Ramesh Yadav had borrowed a two-wheeler No.DL-8S-AK-9733 from the First Respondent. While driving the said two-wheeler, at about 9.30 pm when the deceased reached near Government School, Sector 20 Rohini he lost control over the vehicle. It slipped resulting into multiple injuries on the deceased's person which proved fatal.