ORIENTAL INSURANCE COMPANY LTD. Vs. JOTHI

JUDGEMENT

(1.) This appeal is filed by the Insurance Company being aggrieved by the award passed by the Motor Accident Claims Tribunal, directing the Insurance Company to pay a sum of Rs.1,10,335/- towards the compensation for the injury sustained by the claimant while the TATA sumo car in which she was travelling got capsized.

(2.) The brief facts of the case is that, on 01.02.2005 at about 12.00, when the respondent was travelling in TATA sumo car bearing registration No.TN-60-A-3838 driven by her husband, the vehicle got capsized and the claimant sustained fracture on her forearm. The claimant filed claim petition seeking a sum of Rs.3,00,000/- as compensation for the injury and medical treatment.

(3.) The Learned Counsel appearing for the Appellant/Insurance Company contended that the vehicle got capsized due to rash and negligent driving of the driver, who is none other than the husband of the claimant. The claimant is the owner of the vehicle. As an owner, she has insurance coverage as per the policy condition. The owner is not entitled for any compensation if he or she sustained injury involving his/her own vehicle.