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ILESH J. VORA
Oriental Insurance Company Ltd. – Appellant
Versus
Arunbhai Shambhubhai Prajapati – Respondent
| Table of Content |
|---|
| 1. insurance company appealed against liability decision. (Para 1 , 2 , 3 , 6) |
| 2. insurance company argues claim not maintainable. (Para 7 , 8 , 9 , 10 , 11) |
| 3. court analyzes decisions on insurance liability. (Para 12 , 13 , 14) |
| 4. claim by owner not maintainable under mva. (Para 15) |
| 5. court orders payment despite claim issues. (Para 16) |
JUDGMENT :
(Ilesh J. Vora, J.)
1. Being dissatisfied with the fastening of the liability to pay the amount of compensation awarded by the Mehsana, MACT (Aux.), the Oriental Insurance Company Limited has filed the present appeal, to set aside the findings so far liability part is concerned.
2. On 23.10.2003 the claimant Arun Shambhubhai along with his brother Ashok Shambhubhai, met with an accident, as a result of which being a pillion of Suzuki bike, he sustained fracture injuries resulting into permanent disablement. The claim Tribunal, Mehsana (MACP No.1380 of 2003), after considering the oral as well as documentary evidence by allowing claim petition, awarded the amount of compensation of Rs.64,900/- with interest at the rate of 7.5% and the appellant Insurance Company was directed to pay the amount of compensation. The appellant Insu
Insurers are not liable for bodily injuries to vehicle owners under Section 147 of the Motor Vehicle Act; thus, claims under Section 163A cannot be entertained if the owner is also a claimant.
The insurer's liability is limited to the terms of the insurance policy, which does not cover the owner's death while riding their own motorcycle unless additional premium was paid.
Point of law: Insurance Company was, in appeal before this Court challenging the judgment of the High Court awarding compensation to the owner of the insured vehicle.
The main legal point established is that the Insurance Company, having collected additional premium for P.A. cover, is liable to pay compensation to the claimant, restricted to the maximum coverage u....
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