UNITED INDIA INSURANCE CO. LTD Vs. M. BHAGYALAKSHMI

JUDGEMENT

(1.) AGGRIEVED by the Award dated 06.01.2005 in O.P.No.195 of 2003 passed by the MACT (Additional District Court), Hindupur, (for short the Tribunal), the respondent/United India Insurance Company Limited preferred the instant MACMA. The respondents in the appeal are claimants before the Tribunal.

(2.) THE factual matrix of the case is thus:

(3.) LEARNED counsel for appellant/ Insurance Company assailed the award mainly on the ground that the deceased was the owner of the vehicle and not a third party as such the policy will not cover the risk of the owner. It is argued that he cannot claim the coverage of his risk as owner of the goods. It is further argued that though the tribunal relied upon the decision reported in New India Assurance Company Limited (1 supra) and held that the risk of the deceased will cover in the capacity of owner of the goods, the said decision was set aside by the Supreme Court in the appeal carried out by the Insurance Company in Civil Appeal Nos.8598 and 8599 of 1997 dated 08.12.1998, as such the risk of the deceased will not be covered under the terms of policy. He relied upon the following decisions on the point that the risk of owner of the vehicle will not be covered without payment of extra premium i.e.,