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RAJNESH OSWAL
Reliance General Insurance Co. Ltd. – Appellant
Versus
Karamat Hussain – Respondent
| Table of Content |
|---|
| 1. judgment passed by the tribunal and appeal context. (Para 1 , 6) |
| 2. arguments on compensation entitlement under the policy. (Para 2 , 3 , 4) |
| 3. court's analysis of personal accident cover terms. (Para 7 , 9 , 10 , 11) |
| 4. clarification on the applicability of judgments. (Para 12) |
| 5. conclusion to set aside the previous award and dismiss claim. (Para 13 , 14 , 15) |
JUDGEMENT
1. This appeal has been preferred against the judgment/award dated 25.11.2020 passed by the Motor Accidents Claims Tribunal, Rajouri (hereinafter to be referred as 'the Tribunal') in 'File No. 82/Claim', titled, 'Karamat Hussain v. Reliance General Ins. Ltd. & Anr.', whereby learned Tribunal has awarded the compensation of Rs. 2,00,000/- along with pendente lite and future interest at the rate of 7.5% per annum throughout till realization in favour of the petitioner No.1.
2. The award has been impugned by the appellant-Insurance Co. on the following grounds:
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....
The main legal point established is that the Insurance Company is liable to pay compensation for injuries covered under the Personal Accident cover, and admissible medical expenses under the policy, ....
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.
A claimant must be a third party to maintain a claim under Section 163-A of the M.V. Act; a driver cannot claim compensation for injuries sustained while driving their own vehicle.
A borrower of a vehicle is entitled to personal accident coverage under the insurance policy, despite not being the owner.
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