JUDGMENT

Being aggrieved by the finding, fastening liability on the Insurance Company to pay compensation and also the quantum of compensation of Rs.3 Lakhs, awarded with interest at the rate of 7.5% per annum, from the date of claim, National Insurance Company Ltd has filed this appeal.

2. Short facts leading to the appeal are as follows:

On 10.11.2007, about 7.30 P.M., when the respondent was travelling as a passenger in a Jeep, bearing Registration No.TN 28 R 4099, insured with the appellant-Insurance Company, on Tiruchengode-Namakkal Main Road, near, Elanagar Sivabakkiyam Mentra Depressed Home, due to the rash and negligent driving of the driver of the Jeep, the vehicle dashed against a tree. The respondent/claimant sustained injuries in Chest, Head, Abdomen, Cervical Spine, Clavicle and Left Elbow and injuries all over the body. Immediately, he was taken to Government Medical Centre Hospital, Coimbatore and given treatment. Thereafter, he has taken treatment in C.M.Hospital, Namakkal; L.K.M. Hospital, Erode and Gukulam Hospital, Salem. In this regard, a case in Cr.No.263 of 2007, has been registered against the driver of the Jeep, for the offences under Section 279, 337, 304(A) IPC, on the file of Velegoundampatti Police Station and at the time of filing of the claim petition, the case was stated to be pending, before the learned Judicial Magistrate, Tiruchengodu. According to the respondent/claimant, at the time of accident, he was aged 42, years and as owner of Rig and Granite factories, claimed to have earned Rs.10,000/- per month. Incidently, the respondent/claimant was the owner of the Jeep. However, describing himself as a passenger, the claim petitioner has been filed, for compensation of Rs.5,00,000/-, impleading himself, as one of the respondents.

3. The appellant-Insurance Company has disputed the manner of accident and the nature of injuries. As the injured/claimant himself was the owner of the jeep, the Company has raised an objection, as to how, a claim petition can be maintained against himself, when, he is the insured of the offending vehicle. It was also contended that he cannot be treated as a third party. On the principle that the Insurance Company has is vicariously liable to indemnify the liability of the owner of the vehicle, only to third parties and not to the owner himself, the Company questioned maintainability of the claim petition filed under Section 166 of the Motor Vehicles Act, read with Rule 3 of the Tamil Nadu Motor Vehicles Claims Tribunal. Without prejudice to the above, the appellant- Insurance Company has disputed the nature of injuries, expenses incurred and the quantum of compensation, claimed under various heads.

4. Before the Claims Tribunal, the respondent/claimant examined himself as PW.1 and PW.6, is the Doctor, who examined the respondent/claimant, with reference to medical records. Ex.P1 – FIR, Ex.P2 – Motor Vehicles Inspector's Report, Ex.P3 – Sketch, Ex.P4 – Charge Sheet, Ex.P5 – Policy, Ex.P18 – Wound Certificate, Ex.P19 – Discharge Summary, Ex.P20 – C.T.Scan Report, Ex.P21 – Medical Bills, Ex.P21 – Medical Bills, Ex.P38 – Disability Certificate and Exs.39 and 40, X-Rays and the receipts, have been marked on the side of the respondent/claimant. On behalf of the appellant-Insurance Company, one Mr.Devarajan has been examined as RW.1 and he has marked Ex.B1 – Insurance Policy.

5. Upon evaluation of pleadings and evidence, the Claims Tribunal held that the first respondent, owner of the vehicle, incidently in the case on hand, the claimant himself and also the insurer as jointly and severally liable to pay a compensation of Rs.1,50,000/-, with interest at the rate of 7.5% per annum. Being aggrieved by the same, the appellant-National Insurance Company Ltd., has filed this appeal.

6. At the outset, Mr.S.Arun Kumar, learned counsel for the appellant submitted that the injured, being the owner-cum- insured, is not entitled to maintain a claim against himself, under Section 166 of the Mot