SALMABEN NISHARBHAI BHATUK Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 13.08.2009 passed by the learned Motor Accident Claims Tribunal (Main), Kheda at Nadiad in Motor Accident Claim Petition No.1351 of 2008 wherein the Tribunal has awarded a sum of Rs.4,17,500/ along with interest at the rate of 9% per annum from the date of application till realization.

(2.) ONE Nishrbhai Abdulmajid Bhautuk was going in a tempo and when it reached ThasraSevaliya Road in the sim of village Ambav, eastern side from Rangili Hotel, he lost control over the tempo and thereby it turned turtle. He sustained injuries as a result of which he died. Hence the legal heirs filed the aforesaid claim petition wherein the aforesaid award came to be passed.

(3.) AS a result of hearing and perusal of the record it is clear that the Tribunal has elaborately dealt with the aforesaid contention in the judgment. The deceased was the owner of the tempo and he himself was driving. The contract was between the insurance company and the owner to indemnify the claim. When the deceased himself was the party to the contract and for its violation the insurance company cannot be held liable. Therefore the amount of award to be limited to the extent of amount of coverage. It is under these circumstances that the Tribunal has awarded the amount subject to confirmation of policy and coverage of risk and extent to the amount of coverage of risk. This fact can be ascertained even in the execution application. As regards the compensation is concerned I am in complete agreement with the same.