2012 (3) AIR Kar R 497 ::(2013) 1 ACJ 116 ::(2012) 3 KCCR 2068

Karnataka High Court

Hon'ble Judge(s): N. Kumar, Aravind Kumar , JJ

( A ) Motor Vehicles Act (59 of 1988) S. 149 — Compensation — Liability of insurer — Third party risk — Claim made by owner of offending vehicle for injuries sustained by him in motor accident — Offending vehicle was covered under comprehensive policy — Claim of compensation by owner of vehicle against Insurance Company would be contractual in nature — Insurer was not primarily liable to pay compensation, only third party has been given right to claim compensation against insurer statutorily — Owner of vehicle was not third party — Denial to grant compensation, proper — Insurer would be liable only if owner of vehicle was liable for payment of compensation. 2004 SAR (Civil) 882 (SC), Rel. on. (Paras1718)