BAJAJ ALLIANZ INSURANCE COMPANY LIMITED Vs. BALAJI

JUDGEMENT

(1.) The appeal is filed by the Insurance Company being aggrieved by the liability fixed on the Insurance company by the Motor Accident Claims Tribunal.

(2.) On 26.11.2008, when the claimant Balaji was travelling with goods in his van bearing registration No.TN-30-E-6257, the driver of the van drove the van with rash and negligent manner and the van was capsized. In the accident, the claimant Balaji sustained fracture in his right leg, right side feet, left shoulder, deep cut injury and abrasion over left leg and both hands. He was admitted in the hospital as inpatient and continuing his treatment for the injury. Hence, he has filed claim petition seeking Rs.5,00,000/- as compensation.

(3.) The Insurance Company contested the claim petition on the ground that the claimant is the owner of the van, which was capsized. The van has been insured under the Bajaj Alliance Insurance Company. As per the terms and conditions of the Insurance policy, the owner of the vehicle is not entitled to pay any compensation, except under personal liability coverage. Since the Personal Accident cover is only for specified injuries mentioned in the policy. Since the injuries sustained by the claimant does not fall under the categories of injuries specified, the claimant is not entitled for any compensation for the nature of the injury he sustained.