BHERULAL Vs. ORIENT INSURANCE COMPANY

JUDGEMENT

(1.) Claimant is in appeal against the Award dated 29-9-2007. By the impugned Award his claim petition has been dismissed. He filed the claim petition claiming total compensation of Rs. 8,00,000/- on allegation that on 21-2-2006 he and his wife were coming to Indore on their Motor-Cycle when an unknown Jeep dashed against their Motor-Cycle causing severe injuries to claimant and his wife. Accident was reported in the Police Station Depalpur but the Police could not trace either the owner or the driver of the offending vehicle. At the time of the accident appellant's Motor-Cycle was insured with the respondent. Since the offending vehicle was unknown, therefore, claimant preferred claim petitions under section 163-A against the respondent the insurance company of his own Motor Cycle.

(2.) Insurance Company denied its liability to pay any amount of compensation in view of statutory provisions. It claimed that in terms of policy, it was required to indemnify the appellant only against the third party claims. Since appellant as owner of the Motor-Cycle himself was driving the Motor-Cycle therefore his risk was not covered by the Act Policy.

(3.) Learned Claims Tribunal found that appellant met with an accident caused by unknown vehicle but dismissed the claim petition holding that appellant was not entitled to receive any compensation from the respondent-Insurance Company of his Motor-Cycle.