Smt. Sheela Devi & Ors. vs The Oriental Insurance Company ...
2017 Latest Caselaw 4905 Del

$~14
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Decided on: 8th September, 2017
+      MAC APPEAL No. 1185/2013

       SMT. SHEELA DEVI & ORS.             ..... Appellants
                     Through: Mr. Nitin Yadav, Advocate

                          versus

    THE ORIENTAL INSURANCE COMPANY LIMITED
    & ORS.                            ..... Respondents
                  Through: Mr. A.K. Soni, Advocate for
                           R-1.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA


                      JUDGMENT (ORAL)

1. Deceased Kailash Mehto was the driver of motor vehicle, described as Tata 709, bearing registration No.HR-38F-4176, which was admittedly insured against third party risk for the period in question with the first respondent (insurer). The vehicle belonged to the second respondent. Kailash Mehto died as a result of the injuries suffered by him due to accident involving some unknown vehicle. The accident claim case (Suit No.447/11/08) was instituted on 21.04.2008 by his wife and other members of the family dependant on him on their behalf and also for the benefit of the father of the deceased, he being the third respondent in these proceedings, seeking compensation under Section 163-A of the Motor Vehicles Act, 1988.

2. The tribunal dismissed the claim petition holding that such claim could not be maintained against the owner of the vehicle or its insurer since the deceased and those claiming under him could not be treated as third party under the insurance policy which had been taken out.

3. The view taken by the tribunal is in accord with the decisions of the Supreme Court in New India Assurance Company Ltd. vs. Sadanand Mukhi & Ors., (2009) 2 SCC 417 and Ningamma & Anr. vs. United India Insurance Company Ltd., (2009) 13 SCC 710 and of this court following the said law in a series of judgments including Oriental Insurance Company Limited vs. Shakuntala & Anr., MAC APP.142/2007, decided on 2nd March, 2016 and MAC Appeal No. 408/2008 National Insurance Company vs. Sanju & Ors. decided on 25th August, 2017.

4. The appeal is thus dismissed.

R.K.GAUBA, J.

SEPTEMBER 08, 2017 vk