Interpretation of MV Act Section 147 and entitlement for compensation under personal accident policy based on the claimant's status as a co-owner of the offending vehicle.

1. - This appeal has been filed by the National Insurance Company Ltd. against the award dated 1.9.2009 passed by Judge, Motor Accident Claims Tribunal, Ajmer in MACT cases No. 366/2008 whereby claim petition of the claimant- respondent No. 1 was allowed and she has been awarded compensation in the amount of Rs. 1,00,000/- for the injuries received by her.

2. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

3. Brief facts of the case are that on 20.7.2005 the claimant respondent No. 1 was going in Maruti Van No. RJ 01 U 0124, and when she reached near Thikaria Stand Circle at Ajmer then a unknown Truck came with High Speed and hit the Maruti Van in which she sustained various injuries. It was pleaded that she was 50 years old at the time of accident and earning Rs. 3,000/- per month from tailoring and Kasida work. It was pleaded in the claim petition that she was sitting as Barati in the Maruti Van.

4. Inspite of service of notice the non-claimant No. 1 who is son of claimant did not appear before the MACT, therefore an ex-parte proceeding was drawn against him. The non-claimant No. 2 insurance company filed reply to the claim and it was pleaded that claimant himself is a registered owner of the Maruti Van therefore she is not a third party and the claim is not maintainable. It was also pleaded that the accident took place due to rash and negligence of unknown vehicle. On the basis of the pleadings of the parties the MACT framed four issues including relief. From claimant side statement of AW 1 Sitadevi was recorded. On behalf of the non-claimant No. 2 statement of NAW 1 Bhagwan Swaroop was recorded. After hearing the parties, the MACT vide award dated 1.9.2009 decided the claim petition and awarded compensation in the amount of Rs. 1,00,000 to the claimant. The MACT has held that the claimant is not a third party within the meaning of section 147 of the MV Act as she was a co-owner of the offending vehicle. Compensation in the amount of Rs. 1,00,000/- was awarded on the ground that insurance company had received Rs. 100/- as a premium for personal accident of owner.

5. The learned counsel for the insurance company has argued that the finding of the MACT in respect of issue No. 1 is not correct. The learned counsel has argued that it is not proved that claimant sustained injuries in the accident during the use of the Maruti Van RJ 01 U 0124 on 20.7.2005. The amputation of thumb was also not proved form the evidence available on record. The MACT while deciding issue No. 2 has wrongly held that the claimant is entitled for the amount of compensation as per personal accident policy. The MACT has recorded a finding that the claimant is not a third party within the meaning of section 147 of the MV Act. Admittedly the claimant is a co-owner of the offending vehicle. The MACT can award the amount of compensation in respect of third party cases only. Placing reliance on GR 36 the learned counsel for the insurance company has argued that the claimant was not having a driving licence and she was not driving the vehicle, hence she is not entitled to claim compensation as owner-driver.

6. The learned counsel for the claimant-respondent has argued that the MACT has rightly awarded the compensation to the claimant. The award of the MACT cannot be said to be perverse. The MACT has rightly awarded compensation in the amount of Rs. 1,00,000/- as the claimant was travelling in the Van as Barati i.e. third party and not as owner of the Vehicle.

7. I have heard the learned counsel for the parties and has also gone through the award passed by the MACT dated 1.9.2009. On issue No. 1 the MACT observed as under :

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