MUNUSAMY Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The claimant is the appellant in this appeal. The claimant has filed M.C.O.P. No. 182 of 2003 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Madurantagam claiming compensation of Rs. 3,00,000 for the burn injuries sustained by him in his face, leg and hand in the accident that took place on 30.3.2003. The Court below dismissed the claim petition, hence, this appeal.

(2.) It is seen from the records that on 30.3.2003 at about 4 p.m., when claimant was driving the lorry bearing registration No. TDL 6557 with a load of casurina wood from Kumuli Village to Madurantagam, in order to avoid hitting a child who crossed the road suddenly, he applied brake and lost control of the vehicle. Resultantly, the claimant hit a tamarind tree on the roadside. In the impact, the engine of the lorry caught fire and burnt resulting in injuries to the claimant on his face, leg and hand. He was immediately taken to Madurantagam Government Hospital where he took treatment as inpatient till 25.5.2003. Therefore, for the injuries sustained by him, he filed the claim petition.

(3.) The Insurance Company resisted the claim made by the claimant on the ground that the claimant himself is the owner of the lorry and he had driven the vehicle and sustained injuries. As the petitioner is not third party, but owner of the vehicle, the claim petition is not maintainable. Further, the insurance policy issued to the petitioner does not cover the injuries sustained by him. When the petitioner himself is at fault, he cannot claim any compensation for his own fault. Further, as per the policy condition, for his own damage, claim will not be entertained in the policy. Moreover, there is a delay of 55 days in lodging F.I.R. before the police which gives suspicion about the alleged accident.