NATIONAL INSURANCE CO LTD Vs. KIRAN DEVI

JUDGEMENT

(1.) THE Appellant National Insurance Co. Ltd. impugns a judgment dated 25.08.2011 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby the Appellant Insurance Company was directed to pay a sum of Rs.2,00,000/- towards personal accident coverage for owner-cum- driver of the insured vehicle No.DL-6-CD-6949.

(2.) IT is admitted case of the parties that on 18.10.2009, deceased Sanjeev S/o Raju Rajak suffered fatal injuries in an accident while driving maruti car No. DL-6-CD-6949. An accident information report was filed by the SHO, P.S. Hauz Khas reporting the accident in respect of earlier said maruti car on 18.10.2009. Notice of the report was sent to the parties who appeared in pursuance of the notice. On 07.06.2011, a statement was made by the learned counsel for the legal representatives of deceased Sanjeev that they(LRs) were claiming a sum of Rs.2,00,000/- only from the Appellant Insurance Company towards personal accident coverage. The learned counsel for the Appellant Insurance Company informed the Claims Tribunal that the Insurance Company would not have any objection in paying the contractual liability of Rs.2,00,000/- towards coverage of owner-driver. On the next date, an Application was moved on behalf of the Appellant Insurance Company stating that the deceased Sanjeev was not the owner-driver of maruti car No. DL-6-CD-6949 and that the personal accident cover was in the name of Sanjeev's father who had also expired at the time of obtaining the insurance cover. IT was thus stated that the deceased did not have any coverage in the personal accident policy for owner-cum-driver. The Claims Tribunal relied on New India Assurance Co. Ltd. v. Umesh Kumari & Ors., 2011 ACJ 890 and held that the deceased has to be termed as owner as he stepped into the shoes of the owner by borrowing the vehicle with the permission of the owner. Thus, the LRs were held entitled to compensation under the personal accident cover. In Umesh Kumari, the Punjab and Haryana High Court relied on Ningamma & Anr. v. United India Insurance Company Limited, (2009) 13 SCC 710. Paras 5 and 6 of the report in Umesh Kumari are extracted hereunder: "5. In Ningamma v. United India Insurance Co. Ltd., 2009 ACJ 2020 (SC), the Hon'ble Supreme Court of India held as under:-

(3.) GR 36 under the Motor Policy(Tariff Advisory Committee Regulation for Transaction of Motor Insurance in India) deals with the coverage of owner driver, which is extracted hereunder: