RELIANCE GENERAL INSURANCE CO. LTD. Vs. KARAMAT HUSSAIN

JUDGEMENT

(1.) This appeal has been preferred against the judgment/award dtd. 25/11/2020 passed by the Motor Accidents Claims Tribunal, Rajouri (hereinafter to be referred as 'the Tribunal') in "file No. 82/Claim", titled, 'Karamat Hussain vs Reliance General Ins. Ltd. and anr', whereby learned Tribunal has awarded the compensation of Rs.2,00,000.00 along with pendente lite and future interest at the rate of 7.5% per annum throughout till realization in favour of the petitioner No.1.

(2.) The award has been impugned by the appellant-Insurance Co. on the following grounds;

(3.) Mr. Vishnu Gupta, learned counsel for the appellant argued that the respondent No. 1/claimant had borrowed the vehicle from the owner and as such, he was not entitled to any compensation payable under the Policy in terms of Personal Accident Cover to owner-driver and further that as per Sec. -III, the liability of the company was limited to the conditions/contingencies provided under Sec. -III of the Policy. Learned counsel for the appellant has relied upon the judgment of this Court in "Bajaj Allianz General Insurance Company Limited vs. Balwant Rai and others, 2017 AAC 121 (J&K)', Division Bench judgment of this court in 'The New India Asurance Co. Ltd. V Dwarka Nath & Ors decided on 31/1/2023' and judgment of the Apex Court in 'Ramkhiladi and another vs The United India Insurance Co. and another, AIR 2020(SC) 527.