P. Sam Koshy, J
1. The present appeal under Section 173 of the Motor Vehicles Act has been filed by the insurance company against the award dated 14.12.2011
passed by the 4th Additional Motor Accident Claims Tribunal, Raipur (in short, the Tribunal) in Claim Case No.27/2011. Vide the impugned award, the
Tribunal on an application under Section 163-A of the MV Act has awarded compensation of Rs.2,31,000/- along with interest @ 7.5 percent per
annum from the date of application.
2. Learned counsel for the appellant submits that it is a case where the deceased himself was driving the motorcycle and that he was not the actual
owner of the motorcycle. That, no other vehicle was involved in the accident. Since the claim application was filed under Section 163- A of the MV
Act and that the driver was not covered under the policy, the insurance company should not have been fastened for payment of compensation.
3. However a perusal of records would show that the deceased in the instant case was the son of registered owner i.e. respondent No.2. The policy
would also show that an extra premium of Rs.50/- was paid for covering the risk of owner-cum-driver.
4. The facts that there was an extra premium paid covering the risk of driver and owner irrespective whether it was owner or the driver, the liability of
the insurance company up to Rs.2,00,000/- cannot be absolved. Now, whether the deceased in the instant case would be the owner or not stands
settled by the decision of the Supreme Court in case of Ningamma & Another Vs. United India United India Insurance Co. Ltd. 2009(13) SCC 710,
wherein the deceased being brother of the registered owner and the claimant being the mother of the deceased would step into the shoes of the owner
and he also would be equally protected under the policy issued.
5. Normally, when extra premium is taken covering the risk of the owner, the liability is to the extent of Rs.2,00,000/-. In the instant case the total
compensation awarded is Rs.2,31,000/- i.e. difference amount is only Rs.31,000/- from the limit of Rs.2,00,000/-. Under such circumstances, this court
is of the opinion that the insurance company shall be liable to pay an amount of Rs.2,00,000/- only. Thus, the claimants would be entitled for
compensation of Rs.2,00,000/- instead of Rs.2,31,000/-.
6. The appeal thus stands partly allowed to the extent of the award being modified as stated in the preceding paragraph.
