UNITED INDIA INSURANCE CO LTD Vs. DIPEN NATH

JUDGEMENT

(1.) WHETHER the owner or a vehicle is entitled to claim compensation from its own insurer for the damage caused to his vehicle in an accident, arising out of use of the vehicle in a public place? This is the moot question raised in this appeal.

(2.) IN order to appreciate the issue involved in the present appeal, which has been preferred under section 173 of the motor Vehicles Act, 1988 (in short 'the mv Act'), the material facts leading to the award impugned in the present appeal need to be taken into account.

(3.) THE facts leading to the present appeal may, in a nutshell, be described as follows: