Dasrath Singh and Another v. United India Insurance Co.Ltd.And Another

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 544 of 2008 Appellant :- Dasrath Singh And Another Respondent :- United India Insurance Co.Ltd.And Another Counsel for Appellant :- N.D.Shukla Counsel for Respondent :- Vibhuti Narain Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the claimant/appellants and learned counsel for the respondents.

¶2The present appeal has been filed by the claimant/appellants for enhancement of compensation.

¶3Learned counsel for the appellants has contended that the tribunal has awarded only Rs.50,000/- as compensation under Motor Vehicles Act on the ground that the deceased was negligent in the accident.

¶4Per contra, learned counsel for the respondents has contended that in the instant case, the claimant is owner of the vehicle i.e. UP66C/9124 and the deceased was son of the owner of the vehicle. It is submitted that the insurance company indemnifies the owner and unless the award is against the owner of the offending vehicle, the insurance company cannot be saddled with liability.

¶5Be that as it may, under the scheme of Motor Vehicles Act, the insurance company indemnifies the insured for the negligence of insured or driver who is authorized by him to drive the vehicle.

¶6In the instant case, since, the owner himself is claimant and therefore, there is no liability of the owner which the owner has to pay under the award and therefore, the insurance company is not liable to indemnify in the instant case. In such view of the fact, this Court is not inclined to interfere with findings of the tribunal.

¶7Consequently, the appeal lacks merit and is dismissed. Order Date :- 13.10.2023 SS High Court of Judicature at Allahabad