ORIENTAL INSURANCE CO LTD Vs. KAMLO

JUDGEMENT

(1.) The only point raised in this appeal is whether the insurance company is liable to cover the risk in case of injury/death of the insured himself in a motor accident.

(2.) The deceased Parkash Chand was the owner of Maruti van No. HP 01-0231. He was travelling in the said van on 26.3.1995 when it met with an accident. Claimants, who are the widow and minor children of the deceased, filed a claim petition for grant of compensation under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') alleging that the accident in question had occurred due to rash and negligent driving by the driver of the van. Only the insurance company was made respondent in the case.

(3.) The insurance company in its reply took up a specific plea that the insurance company was not responsible since the liability to indemnify for death of the owner was not covered under the terms of the policy nor it was required to be covered under the provisions of the Act.