Nationaal Insurance Co. Ltd vs Sofiya De Silbha And Ors. 9 Mac/725/2014 ... on 9 January, 2020
6. Considering these rival submissions, the
claimant being owner of the motorcycle and while he was
riding the motorcycle sustained injuries, filing claim
petition against the insurance company just because there
is an insurance policy is not maintainable under section
163A of the M.V.Act. Because making claim is amounting
to claim against himself. Therefore the owner is entitled
for compensation under the personal accident coverage as
per the premium paid in the insurance policy. Personal
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NC: 2023:KHC-D:10927
MFA No. 23303 of 2012
C/W MFA No. 20720 of 2012
accident coverage is in respect of death or sustaining
100% disability as per General Regulation 36A of the
Indian Motor Tarrif. This issue is no more res-integra in
view of the judgment of this Court dated 23.01.2023,
in MFA No.116/2015 between Oriental Insurance
Company Limited vs. Mohammed Rafi @ Chotu and
another.