ORIENTAL INSURANCE COMPANY LIMITED, KUMBAKONAM, Vs. NIRMALA

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal on hand is preferred against the award and decree dated 06.07.2018 made in M.A.C.T.O.P.No.177 of 2015 on the file of the Motor Accident Claims Tribunal, District Court, Karaikal.

(2.) The learned counsel appearing on behalf of the appellant/ The Oriental Insurance Company Limited, strenuously contended that the Tribunal has erroneously fixed the liability on the appellant/Insurance company. The appellant is not liable to pay compensation and there is no coverage of policy as far as the deceased is concerned. The deceased had borrowed the vehicle from the owner and dashed against another parked two wheeler and sustained fatal injuries and died. Thus, the deceased was not a owner cum driver and he was a borrower of the vehicle and stepped into the shoes of the owner and therefore, there is no coverage under the policy. Even the Personal Accident cover is applicable for the owner cum driver and not in respect of the borrower of the Vehicle. The Tribunal has erroneously appreciated the terms and conditions of the Insurance Policy and by treating the borrower of the vehicle as third party and awarded compensation. Such an award is directly in violation of the policy conditions and therefore, the award is liable to be set aside.

(3.) The learned counsel appearing on behalf of the respondent/claimant opposed the contentions by stating that the policy covers the driver. When there is a coverage for driver, the deceased was the borrower of the vehicle and was riding the vehicle at the time of accident, must be treated as a Driver and accordingly, the Tribunal granted compensation, which cannot be said to be erroneous award. Thus, the appeal is untenable. It is further contended that the deceased, for all purposes, is a third party. When there is a third party coverage in the policy issued by the appellant/Insurance company, the Tribunal is right in awarding compensation in favour of the victims and there is no perversity as such. Thus, the appeal is devoid of merits and is to be dismissed.