Case Note & Summary
The present appeal was filed by the appellant-Insurance Company challenging the judgment and award dated 28.09.2011 in MVC No.54/2010 passed by the Senior Civil Judge & Chief Judicial Magistrate and 12th Addl. MACT, Bhadravathi. The Insurance Company contended that the claim petition was filed by the owner of the vehicle against himself, which is not maintainable. The factum of accident was not in dispute. The court heard the arguments and dismissed the appeal, holding that the claim petition is maintainable as the owner is a third party vis-à-vis the insurer under the contract of insurance, and the insurer is liable to indemnify the owner for the injuries suffered. The court upheld the award of compensation of Rs.16,762/- with interest at 6% per annum.
Headnote
A) Motor Vehicles Act - Maintainability of Claim - Owner as Claimant - The issue was whether the owner of a vehicle can file a claim petition against himself for injuries sustained while driving his own vehicle. The court held that such a claim is maintainable as the owner is a third party vis-à-vis the insurer under the contract of insurance, and the insurer is liable to indemnify the owner for the injuries suffered. (Paras 2-4) B) Motor Vehicles Act - Liability of Insurer - Section 147 - The court held that under Section 147 of the Motor Vehicles Act, 1988, the insurer is liable to indemnify the owner of the vehicle for injuries sustained by the owner while driving the insured vehicle, as the policy covers the owner as a third party. (Paras 3-4)
Issue of Consideration
Whether a claim petition filed by the owner of a vehicle against himself is maintainable when the owner is also the driver and has a contract of insurance with the insurer.
Final Decision
The appeal is dismissed. The judgment and award dated 28.09.2011 in MVC No.54/2010 passed by the Senior Civil Judge & Chief Judicial Magistrate and 12th Addl. MACT, Bhadravathi, is confirmed.
Law Points
- Claim petition by owner of vehicle against himself is maintainable
- Insurer is liable to indemnify the owner under contract of insurance
- Section 147 of Motor Vehicles Act
- 1988 covers owner driving own vehicle
