LAWS(TLNG)-2019-3-204

RAMNIVAS VYAS Vs. NEW INDIA ASSURANCE COMPANY LIMITED

Decided On March 14, 2019
Ramnivas Vyas Appellant
V/S
NEW INDIA ASSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) This Appeal is filed by the claimant against order and decree dated 05.10.1999 in OP No.339 of 1996 wherein and whereby the Chairman-Motor Accidents Tribunal-cumPrincipal District Judge at Nalgonda, (for short 'the Tribunal') dismissed the claim of the injured/appellant on the ground that he himself is the owner of the vehicle which involved in the accident and that the same does not covered by the policy taken by the appellant.

(2.) For the sake of convenience, the parties hereinafter will be referred to as arrayed in the Original Petition. Brief facts which are necessary for disposal of this Appeal are as follows:

(3.) The respondent filed counter denying the averments of the petition and contended that the petitioner should put strict proof of the manner in which the accident occurred; that the compensation claimed is excessive. Since the petitioner himself is insured and he was travelling in his own vehicle and that he himself filed the petition for compensation, the respondent insurance company is not entitled to pay any compensation for the reason that as per the terms of the policy, the insured was not covered. Apart from this petition, the petitioner also filed claim petition before the Consumer Forum, Nalgonda in C.D.No.70/1994 against insurance company, as such, petitioner cannot maintain two claims and on this ground also, this petition is liable to be dismissed.