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

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17. Further, relying upon the Judgment in Oriental Insurance
Company Ltd. -vs- Sunita Rathi reported in (1998) 1 SCC 365, the
Honourable Apex Court held that the policy does not cover risk of injury to
the owner himself, and as such the Insurance Company is not liable to
indemnify the owner. It was held that the owner of the vehicle can only
claim compensation provided a Personal Accident Insurance has been taken
out and in the absence of such policy, the Insurance company is not liable to
indemnify the owner.
18. The Honourable Apex Court in Oriental Insurance
Company Ltd. -vs- Jhuma Saha and ors. (2007) 9 SCC 263 reiterated the
said principle. In the said case, the deceased was the owner of the insured
vehicle and the accident took place while he was driving the said vehicle.
The Tribunal on an application u/s 166 of the M.V. Act awarded
compensation holding that since the vehicle being insured and an additional
premium being paid for death of the driver or conductor, the liability was
covered by the Insurance policy. On appeal preferred by the Insurance
company, the Honourable High Court held that in view of decision of the
Honourable Apex Court in Nicolletta Rohtagi in 2002 ACJ 1950 (SC), the
appeal was held to be not maintainable, and aggrieved by the same, the
Insurance company preferred an appeal before the Honourable Apex Court.
The question that fell for decision was whether jurisdiction of the Tribunal
was restricted only to third party claim. Relying upon various Judgments
including Dhanraj case (Supra), the Honourable Apex Court held that in
view of the fact that additional premium was not paid in respect of the risk
of death or bodily injury to the owner of the vehicle, Section 147 (1)(b) of
the M.V. Act, which in no uncertain terms covers the risk of a third party
only, allowed the appeal filed by the Insurance company.
19. From the above Judgment of the Honourable Apex
Court, it becomes abundantly clear that Section 147 of the M.V. Act does
not contemplate coverage of any risk of bodily injury or death to the owner
of the vehicle unless such risk is covered by the policy. Keeping in view the
above referred Judgment of the Honourable Apex Court with all respect and
humility, I am of the opinion that the Judgment of the Honourable Gauhati