1. This motor accident claim case has arisen out of an application ...

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According to this court, the legal heir of the deceased insured has the right
to claim insurance coverage as mentioned in the policy to the insurance
co-petitioner an the Insurance company is also liable to be discharged its
duties as per terms and condition of the policy. As the same is not an issue
before this Court, this Court is not expressing any opinion regarding claim
of the Respondent claimant before the Petitioner Insurance Company. As
the learned Tribunal acted beyond its jurisdiction, there is no other
alternative before this Court except to set aside the impugned Judgment dtd.
08.04.2011.”
16. However, in this connection, I have gone through the
decision of the Honourable Apex Court reported in (2006) 8 SCC 553 (
Dhanraj -vs- New India Assurance Co. Ltd. and anr.) , wherein the Apex
Court was dealing with a situation where the appellant therein alongwith
certain other persons was travelling in his own jeep met with an accident
and received injuries. The Claim Petitions were filed seeking compensation
from the Insurance company. The Tribunal held that the driver of the jeep
was responsible for the accident and in all the Claim Petitions filed by the
passengers the Tribunal directed the owner as well as the Insurance
Company to pay compensation. While dealing with the Claim Petition filed
by the owner, the Tribunal directed the driver and the Insurance company to
pay compensation to the appellant. The appeal filed by the Insurance
company was allowed by the Honourable High Court, and aggrieved by the
same, the Claimant/ owner therein carried the matter to Honourable Apex
Court. Analysing the provision of Section 147 of the Motor Vehicle Act, the
Honourable Apex Court held in para-8 as under - “Thus, an Insurance
policy covers the liability incurred by the insured in respect of death or
bodily injury to any person ( including the owner of the goods or his
authorised representative ) carried in the vehicle or damage to any property
of a third party caused by or arising out of the use of the vehicle. Section
147 of the M.V.Act does not require an Insurance company to assume risk
for death or bodily injury of the owner of the vehicle”.