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U.L.BHAT, P.KRISHNAMOORTHY
New India Assurance Co. Ltd. – Appellant
Versus
Susamma Varghese – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.K.M. Unnithan
For the Respondent: M.R. Thankappan and V. Bhaskaran Pillai

JUDGMENT :

U.L. Bhat, J.

Respondent herein is the widow of K.M. Varghese, the owner of scooter KLU 5023, who while driving the scooter on 9.6.1978 died in a road accident. She filed a claim petition before the Motor Accidents Claims Tribunal, Trivandrum, u/s 110-A of the Motor Vehicles Act claiming compensation of Rs. 1,02,500/- impleading the insurer. She could not have impleaded anybody else since the owner and the driver of the scooter was her husband. The insurer resisted the claim mainly on the ground that injury to the owner while driving his scooter is not covered by the policy. The Tribunal rejected the insurer's contention and passed an award for a sum of Rs. 60,000/-. The award is now challenged.

2. Learned counsel for the appellant strenuously challenges the view taken by the Tribunal that the insurance policy involves personal policy also. We do not think we need to go into this question since considering other aspects of the case, the insurer has to be exonerated.

3. Section 110-A of the Motor Vehicles Act does not lay down substantive law in the matter of damages or compensation. It provides only a procedure and a forum for adjudication in regard to disputes relating to c

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