NATIONAL INSURANCE CO LTD Vs. KEWAL KRISHAN

JUDGEMENT

(1.) BOTH the appeals are connected and address the issue of compensation. The Auto Rickshaw involved in the motor accident had been insured with the appellant insurance company in FAO NO. 841 of 2005. The accident arose out of a collision of Auto Rickshaw which the claimant was driving, with the jeep. The Tribunal found that the claimant himself had contributed an accident in equal measure and therefore, while assessing compensation and apportioning the liability, directed 50% of the amount to be paid by the owner of the jeep and directed 50% to be made by the insurer of the Auto Rickshaw, which the claimant was driving.

(2.) THE Insurance Company is in appeal, contending that the policy of insurance was comprehensive but it did not cover the risk to the driver/owner himself and there was no personal policy to make the insurer liable. Even in an application under Section 163-A of the Motor Vehicles Act(hereinafter referred to as the 'Act'), it would have possible for the claimant to recover the entire amount against the other vehicle which was involved in the accident without having to prove negligence on the part of the other vehicle and without suffering any abatement of the claim by the fact that he himself had contributed to the accident. THEre is no way by which the owner could have claimed compensation against his own insurer. THEre was no term under policy to cover the risk for his personal injuries. THE award passed by the Tribunal directing the insurer to pay 50% of the amount for the injuries suffered by the insured is clearly erroneous. THE award against the insurer is set aside and the appeal filed by the insurer i.e. FAO NO. 841 of 2005 is allowed.

(3.) THE award is modified in the appeal filed by the claimant to provide for right of enforcement of the same for the amount determined by the Tribunal against the owner of the jeep who has arrayed as first respondent in the appeal filed in FAO NO. 1228 of 2005. FAO No. 841 of 2005 is allowed and FAO No. 1228 of 2005 is modified and decree is passed against the 1st respondent wholly as referred to above.