ORIENTAL INSURANCE COMPANY LIMITED Vs. SUBRAMANIAM

JUDGEMENT

(1.) This Appeal is filed by the Insurance Company rising a very pertinent question regarding the liability of the Insurance Company in the claim petition filed under Section 163-A of the Motor Vehicles Act, to indemnify the vehicle owner when the driver of the vehicle insured is the tortfeasor.

(2.) In the claim petition filed under Section 163-A of the Motor Vehicle Act, by the legal representative of the accident victim seeking compensation of Rs.25,00,000/-. The Tribunal awarded Rs.6,12,000/- payable by the Insurance Company. The said award is under challenge in this appeal denying liability to indemnify the vehicle owner.

(3.) In spite of notice, the respondents have not entered appearance. This Court taking note of the fact that, a very pertinent legal issue been raised by the Appellant had appointed Mr.U.M.Ravichandran as Amicus Curiae to assist the Court to decided whether the owner of the vehicle/rider/person authorised by the owner is covered under section 163-A of Motor Vehicles Act.