( 1 ) INSURANCE company is the appellant herein. The husband of respondent no. 1 while travelling in a Maruti car bearing registration No. KAO M-M 3035, the car went out of control and hit against a tree causing death of the insured. He was the owner of the car and he himself was the insured. A claim petition was filed under section 163-A of the Motor Vehicles act, 1988, by the legal representatives of the deceased that the monthly salary was rs. 10,000 and deceased was an income tax payer. Tribunal found that his income was only Rs. 3,000. The contention of the insurance company is that the deceased himself was the insured and, therefore, owner or his legal representatives cannot claim compensation in the absence of a personal accident coverage. The insurance company cannot be held liable to pay compensation of the insured as the policy was taken only for indemnifying the liability of the owner of the vehicle to pay damages or compensation for causing injuries to other persons. The contention raised by claimant was that such a defence cannot be taken by insurance company in view of the decision of the Full Bench in National Insurance co. Ltd. v. Malathi C. Salian,