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PANKAJ JAIN
National Insurance Company Limited – Appellant
Versus
Roopa – Respondent
JUDGMENT
Pankaj Jain, J. - Insurer is in appeal impugning the award passed by the Motor Accident Claims Tribunal, Jhajjar (hereinafter referred to as 'the Tribunal') in MACT Case No.53 of 2012, dated 8th April, 2013.
2. Claim petition was filed under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the 1988 Act') seeking compensation on account of death of Sanjay, who was driving vehicle bearing registration No.DL-2CAA-5308.
3. As per the contents of the claim petition, on the night of 18th January, 2010 at about 9.30 p.m. Maruti Omni Car bearing RC No.DL- 2CAA-5308 driven by the deceased was hit by an unknown vehicle. Resultantly, driver Sanjay suffered multiple fractures. Offending vehicle ran away from the spot taking benefit of fog. Injured was taken to General Hospital, Bahadurgarh where he was declared brought dead.
4. The claim petition was filed by the legal heirs of the deceased- Sanjay. The owner of the vehicle as well as the insurer were impleaded as respondents. On the basis of the pleadings of the parties the Tribunal framed the following issues :-
"(i) Whether Sanjay son of Bhim Singh died in a motor vehicular accident which took place on 18.01
Point of law: liability under Section 163A of the Act is on the owner of the vehicle as a person cannot be both, a claimant as also a recipient and, therefore, the heirs of the owner could not have m....
Compensation claims under Section 163A of the Motor Vehicles Act are not applicable when the deceased is the owner or a relative of the owner of the vehicle involved in the accident.
The onus to prove breach of policy conditions is on the insurer, and the scope of coverage under the insurance policy for personal accidental risk is determined by the terms of the contract of insura....
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