JUDGMENT :

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act, against the award and decree passed in M.C.O.P.No.15 of 2012 on 28.04.2014 on the file of the Learned Motor Accident Claims Tribunal (Subordinate Judge) at Cheyyar.)

(The case has been heard through video conference)

1. This Appeal is filed under section 173 of the Motor Vehicle Act by the Insurance Company raising an interesting question of law, whether the Insurance Company is liable to indemnify the insurer/owner of the vehicle, who is the wife of the claimant and when the said claimant himself is the tortfeasor.

2. The facts of the case is that, on 25.11.2011, when the claimant Rajaram was returning from Chennai to Pondicherry driving the Maruthi Suzuki Alto LXI Car bearing registration No.PY-01-AE-7389, near Thenvanakambadi Village on the Vandavasi to Thellar Road, hit against a palmyrah on the left side of the road. The claimant, who was on the wheels sustained injury and his friend Vinod travelling along with him died.

3. In the accident, the claimant sustained tiny chip fracture of the outer cortex of left frontal bone. (left forehead), liver laceration Grade III, Hemangioma involving