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G.M.AKBAR ALI
United India Insurance Co Ltd – Appellant
Versus
K. Paruvatham – Respondent
Key Points: - The claimant, as legal heir of the deceased owner, could maintain a claim against the insurer under Sec.166. (!) - The insurer’s liability arises only if the insured’s (owner’s) liability is established; the insurer indemnifies the insured. (!) - If the owner/insured is also the claimant as a legal heir, in a comprehensive policy with personal accident coverage, the legal heirs may maintain a claim for compensation under Sec.166. (!) - The Tribunal awarded Rs.96,000 for pecuniary loss plus Rs.11,000 conventional damages total Rs.1,07,000 with 9% interest; the High Court confirmed. (!) (!) - Prior jurisprudence indicates limitations where Section 147 covers third-party liability and may not cover injuries to the owner unless there is personal accident coverage; however, the present decision recognizes indemnification of the insured who is the legal heir in a dual capacity. (!) (!) (!) (!) (!)
1. The appeal is filed against the judgment and decree dated 13.12.2004 made in
M.C.O.P No.104 of 2002 on the file of the Motor Accidents Claim Tribunal, Additional District Judge, Fast Track Court No.I, Salem.
2. The Insurance Company is the appellant. The 1st respondent/claimant had filed a claim petition claiming a sum of Rs.5,00,000/-for the death of one Paramasivam, her husband, who died in a car accident on 28.4.1999 near Athur on the Salem-Athur Main Road.
3. According to the claimant, on 28.4.1999 the deceased was travelling in a Tata Sumo Car bearing Registration. No. TN 27E 0703 insured with the appellant. The car was driven in a rash and negligent manner by its driver and around 5.30 a.m, dashed against a stationary lorry. The deceased sustained head injury and died on the spot. He was hale and healthy and was 55 years old. As a business man, he was earning Rs.15,000/-per month.
4. The claimant is the sole survivor. Therefore, a claim of Rs.5,00,000/- has been made.
5. Since the car was owned by the claimant herself, the Insurance Company alone was prosecuted and the Insurance Company filed a counter stating that the the claimant herself is the owner and as
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