ORIENTAL INSURANCE CO LTD Vs. SUDESH

JUDGEMENT

(1.) THE Appellant Oriental Insurance Company Limited impugns a judgment dated 09.03.2010 whereby a compensation of Rs.6,73,000/- was awarded for the death of Raj Karan, who while driving a Maruti Car No.DL-2CB-0973 belonging to the Tenth Respondent suffered fatal injuries on 16.04.1993.

(2.) A Claim Petition was filed by Respondents No.1 to 9 (the Claimants) alleging that on 16.04.1993 at about 4:00 P.M., the deceased was driving a car No.DL-2CB-0973 from Delhi to Gurgaon. When the car reached opposite Air force Museum, Palam Road, the steering of the car, on account of some mechanical defect, got free. The Maruti car went out of control and struck on the sidewalls of the culvert. The deceased suffered injuries which proved to be fatal.

(3.) IN Ningamma and Anr. v. United INdia INsurance Company Limited, (2009) 13 SCC 710, the Supreme Court held that a person driving a car on behalf of the owner of the vehicle would not be a third party and, therefore, unless risk of said person is covered under the contract of INsurance, the INsurance Company would not be liable to indemnify the insured. IN para 18 and 19 of the report in Ningamma (supra) it was held as under:-