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2001 Supreme(Kar) 25

R.GURURAJAN
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
SIDDANNA NIMBANNA JAWALI – Respondent


Advocates:
B.C.SEETHA RAMA RAO, Ravi B.Nayak

GURURAJAN, J.

( 1 ) THIS appeal is filed by the insurance company questioning the judgment of the first additional district judge in m. v. c. No. 5237 of 2000. The facts in brief are as under: the respondent No. 1 insured obtained an insurance policy in respect of his car bearing No. Ka 33-m 4578. The respondent No. 1 filed a claim petition in m. v. c. No. 525 of 1997 claiming compensation for the injuries sustained by him in an accident occurred on 9. 8. 1997 involving his own car. The said matter was contested. Learned tribunal allowed the claim petition and directed the driver and the insurance company to pay compensation of Rs. 2,49,000 jointly and severally to the claimant/petitioner and an interest of 6 per cent is also granted. This judgment is challenged in this appeal.

( 2 ) THE only contention urged by the counsel for the insurance company is that a legal error has been committed by the tribunal in granting compensation to the owner on account of the negligence of his driver. According to him, the policy does not cover a case like this. The policy covers only third parties risk and not the insured. The insured cannot be put on par with the third party. Per contra, learned







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