NEW INDIA ASSURANCE COMPANY LTD Vs. GOPA DEB

JUDGEMENT

(1.) The short but interesting question which arises in this appeal is whether the legal heirs of a person who was the owner-cum-driver of the vehicle and was responsible for the accident is entitled to claim compensation under Section 163A of the Motor Vehicles Act, 1988

(2.) The widow of late Sri Aparesh Ranjan Deb filed a claim petition under Section 163A of the Motor Vehicles Act before the Motor Accident Claims Tribunal. In this claim petition, it was alleged that the deceased was ownercum-driver of the vehicle bearing No. TR-02-A-1770 (oil Tanker) and the vehicle met with an accident at Joynagar near I/S office, Jirania under Jirania Police Station on 16.05.2008 and fell into a ditch. On this ground compensation under Section 163A was claimed.

(3.) In Oriental Insurance Co. Ltd. vs. Jhuma Saha and others, 2007 ACJ 818, the Apex Court held that where the owner of the vehicle himself is to be blamed for the accident and no other motor vehicle is involved then his heirs cannot claim any compensation. The principle laid down was that a person cannot be a plaintiff and the defendant at the same time. The insurance company is only to indemnify the owner and the legal heirs of the owner cannot file a claim against the insurance company.