NATIONAL INSURANCE CO. LTD. versus ASHALATA BHOWMIK AND ORS.

NATIONAL INSURANCE CO. LTD. versus ASHALATA BHOWMIK AND ORS.

Legal representatives of a deceased owner-cum-driver, who was solely responsible for a fatal accident, cannot maintain a claim petition under Section 166 of the Motor Vehicles Act for compensation; however, they are entitled to compensation limited to Rs.2,00,000/- under the personal accident cover as per the contract of insurance.

Parties
Appellant: National Insurance Co. Ltd.; Respondents: Ashalata Bhowmik and others (family of deceased Dilip Bhowmik)
Jurisdiction
India
Judgment Date
31 August 2018
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court of Tripura, Agartala (mac AP No. 25 of 2015)
Outcome
Appeal allowed
Legal Topics
Section 166 Motor Vehicles Act, Personal Accident Indemnity, Owner Driver Compensation, Negligence of Vehicle Owner
Motor Accident Claims Insurance Law Section 166 Motor Vehicles Act Personal Accident Indemnity Owner Driver Compensation Negligence of Vehicle Owner

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

National Insurance Co. Ltd.

Appellant

Ashalata Bhowmik and others (family of deceased Dilip Bhowmik)

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court of Tripura, Agartala (mac AP No. 25 of 2015)

Legal Issues

  1. 1 Whether the claim petition under Section 166 of the Motor Vehicles Act is maintainable when the deceased was owner-cum-driver and solely responsible for the accident
  2. 2 Extent of insurer's liability in case of personal accident of owner-driver

Ratio Decidendi

Legal representatives of a deceased owner-cum-driver, who was solely responsible for a fatal accident, cannot maintain a claim petition under Section 166 of the Motor Vehicles Act for compensation; however, they are entitled to compensation limited to Rs.2,00,000/- under the personal accident cover as per the contract of insurance.

Court Disposition

Appeal allowed

Orders

  • Appellant directed to deposit Rs.2,00,000/- with interest at 9% per annum from the date of claim petition till date of deposit with the Tribunal within four weeks