ALLARAKHA MOHD KHAN BELIM Vs. KHIMABHAI MASRIBHAI BADVA

JUDGEMENT

(1.) BY way of this petition, the petitioners have prayed to quash and set aside the order passed below application Ex. 22 in M. A. C. P. No. 646/2001 by the M. A. C. T. (Main), Junagadh, whereby, the said application was allowed and respondent no. 3-United India Insurance Company was exonerated from the liability to pay compensation.

(2.) THE facts in brief are that respondent no. 1-original claimant had filed claim petition being M. A. C. P. No. 646/2001 against the petitioners, original opponent nos. 3 and 4, respondent no. 2 and respondent no. 3 herein. Along with the said petition, the original claimant had also filed an application at Ex. 6, u/s. 140 of the said Act, claiming interim compensation. The said application was allowed by the Tribunal and the opponents were jointly and severally held liable to pay compensation of Rs. 25,000/- with interest to the original claimant vide order dated 22. 09. 2005. Thereafter, respondent no. 3 preferred application at Ex. 22 praying to exonerate it from the liability of paying compensation. The said application came to be allowed by the Tribunal vide impugned order. Being aggrieved by the said order, the petitioners have preferred the present petition.

(3.) HEARD learned counsel for the respective parties and perused the documents on record. The dispute involved in this petition is settled by a decision of the Hon'ble Apex Court in the case of Dhanraj v. New India Assurance Co. Ltd. and Anr. , A. I. R. 2004 S. C. 4767, wherein, it has been held that a comprehensive policy covers damage to vehicle and not for injury to person of owner and therefore, the insured cannot claim compensation from the insurer in absence of personal accident insurance coverage. In view of the principle laid down in the aforesaid decision, the Tribunal was completely justified in exonerating the respondent-Insurance Company from the liability of paying compensation. Hence, I do not find any reasons to interfere in this petition.