S. MANIKUMAR, J.

1. Liability fastened on the insurance company to pay compensation to the respondent-claimant, an owner-cum-driver, under personal accident cover policy is challenged in this appeal. It is the case of the respondent that on 31.10.2005, about 1830 hours, when he was riding a motor cycle, bearing registration No. TN 40-Y 4883, on Bhavani Sagar to Puliyampatti Road, near Thoppampalayam, from north to south, due to heavy rain, there was stagnation of water and, therefore, he drove the motor cycle at a moderate speed and while applying brakes, the vehicle skidded, he fell down, along with the pillion rider. He sustained injuries in the left shoulder and other parts of the body. He was admitted in Ganga Hospital, Coimbatore. A case in Cr. No. 218 of 2005 was registered for offences under sections 279 and 337, Indian Penal Code, on the file of Bhavani Sagar Police Station. At the time of accident, respondent-claimant was working as a driver and earned Rs. 6,000 per month. For medical and other expenses, disability and under other heads, he claimed compensation of Rs. 3,00,000.

2. The appellant insurance company opposed the claim petition, contending, inter alia, that the contract between the owner of the vehicle and the insurance company is only to indemnify the insured, for the loss or damage to the vehicle and that the policy taken is only to cover the schedule mentioned injuries in the policy. The insurance company also submitted that section 147 of the Motor Vehicles Act, 1988, does not require the insurer to indemnify the owner, who himself is the tortfeasor. Before the Claims Tribunal, without prejudice to the above, the quantum of compensation claimed under different heads was also questioned.

3. To prove that he sustained injuries, which led to permanent disablement, the respondent-claimant has marked wound certificate dated 17.2.2007, Exh. P2; copy of discharge summary dated 1.11.2005, Exh. P7; disability certificate, Exh. P14. Exh. P9 is the policy, in respect of personal accident cover to the insured or any named person, other than the paid driver or cleaner. The policy was in force between 29.3.2005 and 28.3.2006. As the accident occurred on 31.10.2005, taking note of policy, Exh. P9, personal accident cover for the owner-cum-driver for Rs. 1,00,000 and on the basis of medical evidence, the Tribunal has awarded compensation of Rs. 43,400 with interest, at the rate of 7.5 per cent per annum, as hereunder:     

4. Inviting the attention of this court to the tabular column in the personal accident cover policy, categorising the nature of injuries and the scales of compensation, Mr. K.S. Narasimhan, learned counsel for the appellant insurance company, submitted that the injuries sustained by respondent-claimant do not fall under the scope of personal accident cover. According to him, as per the provisions of Motor Vehicles Act, personal accident cover policy is intended to cover and indemnify the owner only against third party claims and it cannot be construed to confer any benefit on the tortfeasor, who is the owner-cum-driver and in that context, placed reliance on a decision of the Supreme Court in National Insurance Co. Ltd. v. Laxmi Narain Dhut, 2007 ACJ 721 (SC). He also placed reliance on a judgment in Royal Sundaram Alliance Insurance Co. Ltd. v. Gangadevi, 2012 (2) TN MAC 388.

5. Per contra, to sustain the award, Mr. Ma. Pa. Thangavel, learned counsel for the respondent-claimant, submitted that personal accident cover is intended not to indemnify the owner-cum-driver, for the claim made by a third party, but it is a personal claim and compensation has to be pa