IFFCO-TOKIO GENERAL INS. CO. LTD Vs. SIVAKUMAR

JUDGEMENT

(1.) The appeal is filed by the Insurance Company being aggrieved by the liability fixed on the Insurance Company to pay the owner of the vehicle, the compensation of Rs.4,91,209.00 for fracture of clavicle bone sustained by him in the road accident.

(2.) According to the claim petition, on 2/9/2013, at about 03.30 p.m., when the brother of the claimant Sivashankar was driving Indica Vita car bearing Registration Number TN 48 U 2426, owned by the claimant Sivakumar, the vehicle met with the accident. The driver to avoid hitting a bull crossing the main road, took a sudden turn from left to right and dashed against the divider and capsized. The accident occurred due to sudden crossing of the bull in the main road. The claimant sustained lacerated wound, fracture of clavicle left and multiple soft tissue injuries. The claim petition was filed seeking compensation of Rs.16,00,000.00 against the owner of the car and its insurer.

(3.) The claim petition was resisted by the Insurance Company on the ground that the Insurance Company is not liable to pay the claimant for the alleged injury sustained in the accident. The liability of the Insurance Company is only limited to owner as per the policy terms and conditions. Under the policy coverage, the Personal Accident cover upto Rs.2,00,000.00 is only in case of death or injury which are mentioned in the schedule. The nature of injury sustained by the claimant does not fall within the injury mentioned in Sec. 3 of the policy. Therefore, the Insurance Company is not liable to pay any compensation.