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Judgment
K. Kannan, J. (Oral) - CM No.3283-CII of 2012
For the reasons stated in the application, delay of 184 days in filing the appeal is condoned.
Application stands disposed of.
FAO No.681 of 2012
The claimant is in appeal against the injuries suffered in a motor accident when he, while driving the vehicle, dashed against a small bridge, fell down and suffered injuries that resulted in amputation of his leg. He had incurred expenses to the tune of about Rs. 10 lakhs. The claim was made under Section 163-A of the Motor Vehicles Act.
There was a package policy but this cannot help to sustain a claim against the insurer, for, the package policy makes possible a claim brought at the instance of a third party or to the person, who had a pillion rider or for damage to his own vehicle. If Section 163-A of the Motor Vehicles Act will also not require a proof of negligence of yet another party, if another party was involved in the accident for causing the accident. A person, who borrows a vehicle from the owner comes by harm, merely steps into the shoes of the owner and allows himself any benefit of claim against the insurer in the light of law laid down by the Supreme Court in Ningamma and another v. United India Insurance Company Limited-2009 AIR (SC) 3056.
Since the accident has resulted in a permanent disability and privation of an organ, the claimant would be entitled to a minimum amount of Rs. 25,000/- against the insurer in the manner contemplated by the decision in Eshwarappa @ Maheshwarappa and another v. C.S. Gurushanthappa and another-2010(8) Scale 263. The award of dismissal is modified, making the insurer liable only for Rs. 25,000/- with interest at 9% from the date of petition till date of payment.
The appeal is allowed in part only to the above extent.