What is the liability of an insurer for third party claims when the claimant is the owner/insured or his legal heirs, under a comprehensive policy? What are the terms under which a motor vehicle insurance policy can cover injuries or death to the owner/insured or gratuitous passengers, and how do such terms affect insurer liability? What is the correct approach to determining insurer liability in cases where claims are by kith and kin of the insured or legal representatives of the deceased, in light of Sections 95, 96, and 147 of the Motor Vehicles Act?

Key Points: - The policy can cover risks beyond the statutory minimum if the terms of the contract are broader, affecting insurer liability (!) (!) . - Section 147 does not require insurers to cover death or injury to the owner/insured, but may do so if the policy explicitly covers such risk; mere "own damage" for vehicle does not imply coverage for owner’s injuries (!) (!) (!) . - Claims by kith and kin of the insured or legal representatives of the deceased can be treated as third party claims if the policy covers such risks; the determination depends on policy terms rather than mere nomenclature (!) (!) (!) . - An insurer’s liability to indemnify the insured/third parties is determined by the specific terms and conditions of the insurance policy, not solely by statutory policy labeling (!) . - The reference clarifies that the Civil Miscellaneous Appeal should consider whether the policy covers risks to the owner/insured or gratuitous passengers and whether third party claims by family/representatives are included (!) .

What is the liability of an insurer for third party claims when the claimant is the owner/insured or his legal heirs, under a comprehensive policy?

What are the terms under which a motor vehicle insurance policy can cover injuries or death to the owner/insured or gratuitous passengers, and how do such terms affect insurer liability?

What is the correct approach to determining insurer liability in cases where claims are by kith and kin of the insured or legal representatives of the deceased, in light of Sections 95, 96, and 147 of the Motor Vehicles Act?