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Author :
Kunal Sarkar
Posted On 09 August 2012 at 00:35
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The deceased took a car of his brother-in-law for a pleasant trip and on the way the car fell from the hill and on the said accident the driver & occupant was died. driver was missing since the date of accident and the wife of the occupant filed claim petition before the Tribunal. The insurance policy of the car was comprehensive policy covering
a) PA to 3 un-named passenger of Rs. 1 lack each.
b) Compulsory PA to owner & driver Rs. 2 lack each.
c) WC to employee 1(one).
The insurance co. already paid Rs.50 thousand as NFL (no fault liability) and Rs. 1 lack as PA covarage.
my question is that,
1. Whether in comprehensive policy there are unlimited liability of the insurance co.?
2. Whether the deceased is a third party ?
3. In this instant case whether the insurance co. liable to pay the claimant according to the schedule of the M.V. Act?
4. Whether Sec.147 of the MV Act apply in this case ?
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Expert :
J K Agrawal
Posted On 10 August 2012 at 10:26
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The policy covers unlimited risk of occupants as well as driver but it does not cover risk of owner himself. It is liable not only up to schedule but even more. provisions of 147 MV act are applicable in each and every case.
The amount paid Rs 1 lakh is extra and not deductible from award amount by MACT.
In this policy owner is covered for Rs 2 lakh if he dies while driving vehicle.
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