LAWS(MAD)-2012-4-192

NEW INDIA ASSURANCE CO.LTD Vs. M. SUBRAMANIAN

Decided On April 27, 2012
NEW INDIA ASSURANCE CO.LTD Appellant
V/S
M. SUBRAMANIAN Respondents

JUDGEMENT

(1.) WE pay nothing, if there is no death, or if there is no total permanent disability, or if there is no total loss of vision and loss of limb, is the contention of the Insurance Company while repudiating the liability to pay compensation to the owner of the vehicle under the Personal Accident Policy. Whether and to what extent this contention is sustainable is the issue canvassed in this appeal.

(2.) NORMALLY , it is the owner 's pride and pleasure to claim that they have purchased a car and also that they are safe because of the policy of insurance. A person, by burning his midnight oil earns money and purchases the car. If that vehicle is damaged, the coverage of insurance compensates that damage. What if the owner of the vehicle suffers anyinjury or dies? whether the loss of his life is covered by insurance or not is the million dollar question.It is a poignant NO. Law has not made it mandatory to insure the life of the owner of the vehicle. By virtue of the contract,which is entered into on a case-to-case basis the insurance company collects premium to cover the risk of the owner of the vehicle and that too in respect of enumerated injuries and death . The extent of coverage is also limited.

(3.) BRIEF facts: