UNITED INDIA INSURANCE CO LTD Vs. CHANDER PRABHA BHATT

JUDGEMENT

(1.) The only point raised in this appeal is whether the insurance company is liable to cover the risk in case of injury/death of the insured himself in a motor accident.

(2.) The deceased Vijay Anand Bhatt was owner of truck No. UP 07-2436. The deceased was a transporter by profession. On 5.3.1994 he was coming from Sataun in the aforementioned truck. The said truck met with an accident resulting in the death of the deceased owner Vijay Anand Bhatt.

(3.) The widow, two minor children and parents of the deceased filed the claim petition for grant of compensation alleging that the accident in question had occurred due to rash and negligent driving of Dinesh Kumar, driver. The insurance company in its reply took up a specific plea that the company was not responsible since the liability to indemnify for death of the owner was not covered under the terms of the policy nor it required to be covered under the provisions of the Motor Vehicles Act. The relevant issue framed in this behalf reads thus: "(3) Whether petition is not maintainable against insurance company as contended in preliminary objections? OPR"