petitioners that
the petitioners were entitled for indemnification under the
personal accident coverage of the insurance policy in accordance
with the limits provided therein which ... record Ex.R3W1/3 colly, it is seen that the personal accident
coverage was only for a period of one year
deceased was not a third party nor the compensation under
personal accident coverage was payable as it was meant for
ownerdriver ... deceased was not a third party nor the compensation under
personal accident coverage was payable as it was meant for
ownerdriver.
31. This tribunal
cannot be said to have any application in respect of an
accident wherein the owner of the motor vehicle himself
is involved. The decision further ... cover meant for the
owner-driver under the compulsory Personal Accident Coverage.
This compensation was also awarded in the case of Ram Khiladi
(supra
from the Claims Tribunal for injuries suffered by him
in the same accident.
8. In cross examination, he deposed that the offending
vehicle ... given to parents of the deceased towards Personal Accident
Coverage, LIC and gratuity. He also deposed that he has no
records about performance
motorcycle which was being driven by the
deceased at the time of accident.
16. The Hon'ble High Court of Delhi relying ... deceased was not a third party nor owner the compensation
under personal accident coverage was payable as it was meant for
ownerdriver
case that the concerned insurance of the deceased
was regarding accidental death and not for death due to any other
reason. Perusal of the insurance ... reveals that it is a
group personal accidental insurance. The coverage under the insurance
is specifically mentioned to be personal accident and the coverage
that DD Goel is not a Govt. servant and
is a retired person.
17. PW4 Shashwat Goyaliya is the agent of the Tata AIG Life ... gave Rs.14,555/- with regard to the
policy of personal accident having coverage of Rs.1 Crore. He
deposited the cash given
including driver, however, three persons were including driver were
travelling in the said vehicle at the time of accident in gross violation of
seating capacity ... registered owner, he deposed that the coverage
under the policy was mentioned u/s. 4 for the personal accident of owner and
driver at point
including driver, however, three persons were including driver were
travelling in the said vehicle at the time of accident in gross violation of
seating capacity ... registered owner, he deposed that the coverage
under the policy was mentioned u/s. 4 for the personal accident of owner and
driver at point
happened.
She deposed that it was accidental. She denied the suggestion that the said
accident had taken place as children were carrying balloons and candles ... happened. She deposed that it was accidental. She denied the suggestion that
the said accident had taken place as children were carrying balloons and
candles
