NATIONAL INSURANCE COMPANY LTD Vs. MUNUSAMY

JUDGEMENT

(1.) This appeal is filed by the Insurance Company, being aggrieved over the liability fixed on it by the Tribunal in the claim petition filed by the accident victim in a hit and run case.

(2.) On 16.03.2013, at about 9.00 a.m., when the claimant was travelling in his TVS Super XL heavy duty bearing Reg.No.TN 36 H 4339 along with one Sakunthala near Pariyur Vellalpalayam Diversion road, Gobi to Erode main road, an unknown car rash and negligently hit the motorcycle and ran away. The rider of the motorcycle and the pillion rider Sakunthala both got severely injured and they were taken to the Government Hospital, Gobichettipalayam in an Ambulance. A case was registered against the unknown driver of the hit and run car. The claimant sustained fractures above his right foot, laceration wound on his back and left elbow. He was treated as inpatient in S.K.Hospital, Gobichettipalayam. External fixation for the fracture and skin-grafting was done. Petition filed claiming Rs.5,00,000/- as compensation on the ground that due to the accident caused by the hit and run vehicle, there was loss of earning Rs.15,000/- p.m, as mason under Section 140 and 166 of the Motor Vehicles Act.

(3.) The claim petition was opposed by the Insurance Company on the ground that the claimant is the owner of the vehicle insured. It is a case of hit and run. Negligence is on the part of the car, which has hit the claimant and the liability of the insurance company is only to indemnify the owner against the third party claim. The claimant/owner-cum-insured is not a third party to the contract. He has not paid any additional premium for personal accident. The policy is an act only policy. In this case, the Tribunal has no jurisdiction to try hit and run case. Hence, the claim petition is not maintainable.