Whether the point of negligence and liability of insurer, decided by the coordinate Tribunal is binding on the other coordinate Tribunal, if the claim petition has arisen from the same accident:

Whether the point of negligence and liability of insurer,

decided by the coordinate Tribunal is binding on the other coordinate Tribunal, if the claim petition has arisen from the

same accident:

Hon'ble the Privy Council in its decision rendered in the case

of Syed Mohamamd Saadat Ali Khan v. Mirza Wiquar Ali Beg,

reported in AIR (30) 1943 PC 115 has observed as under :"

In order that a decision should operate as res judicata between

codefendants, three conditions must exist : (1) There must be

a conflict of interest between those codefendants,

(2) it must be necessary to decide the conflict in order to give the plaintiff the relief he claims, and (3) the question between the codefendants must have been finally decided."

17.2. Thus, the Privy Council has laid down that if the aforesaid

three conditions stand satisfied, res judicata can operate

between the codefendants also. Said principle is also followed

by Hon'ble Gujarat High Court in the case of United India

Insurance Com. ltd. v/s. Laljibhai Hamirbhai, reported in 2007

(1) GLR 633.

Whether a claim petition preferred by the a claimant (also the owner of the offending vehicle, without involving another vehicle) alleging therein that accident occurred because of the rash and negligent driving of the driver of the vehicle owned by him, is maintainable.

Hon'ble Apex Court in the cases of Dhanraj v/s N.I.A.Com.

Ltd., reported in 2005 ACJ No.1, Oriental Insurance Com. Ltd.

v/s Jhuma Saha, reported in 2007 ACJ 818 and N.I.A. Com. Ltd.

v/s Meera Bai, reported in 2007 ACJ 821 has interpreted Section

147 and it has been held that Section 147 does not require an

Insurance Company to assume risk for death or bodily injury to

the owner of the vehicle.

To decide such point, fact of each case is required to be taken

into consideration. Facts of Dhanraj (supra) are:Appellant

(owner of jeep) along with certain other persons were travelling

in his own Jeep and said Jeep met with an accident. In the

accident, the Appellant as well as other passengers received

injuries. In the claims petitions, Tribunal held the Driver of the

Jeep responsible for the accident. In all the Claim Petitions filed

by the other passengers, Tribunal directed that the Appellant (as

the owner) as well as the Driver and Insurance Company were

liable to pay compensation. In the Claim Petition filed by the

appellant owner of the jeep, the Tribunal directed the Driver

and the Insurance Company to pay compensation to the

appellant. Insurance Company filed an Appeal before the

Hon'ble Madhya Pradesh High Court. That Appeal was allowed

and held that as the appellant was the owner of the jeep and,

therefore, the Insurance Company is not liable to pay him any

compensation. Against the said order of Hon'ble Madhya

Pradesh High Court, appeal was preferred by appellantowner.

In the said appeal, after incorporating Section 147 of the Act,

Hon'ble Apex Court has held that comprehensive policy covers

the liability incurred by the insured in respect of death of or

bodily injury to any person (including an owner of the goods or

his authorized representative) carried in the vehicle or damage

to any property of a third party caused by or arising out of the

use of the vehicle. Section 147 does not require an Insurance

Company to assume risk for death or bodily injury to the owner

of the vehicle.

Relying upon Oriental Insurance Co. Ltd. v. Sunita Rathi and

Ors. 1998 ACJ 121, it is further held in para No.9 that the

liability of an Insurance Company is only for the purpose of

indemnifying the insured against liabilities incurred towards

third person or in respect of damages to property.

Thus, where the insured i.e. an owner of the vehicle has no

liability to a third party the Insurance Company has no liability

also.

From the ratio laid down by Hon'ble Apex Court in the case of

Dhanraj (supra), it becomes amply clear that comprehensive

policy covers the liability incurred by the insured in respect of

death of or bodily injury to any person (including an owner of

the goods or his authorized representative) carried in the vehicle

or damage to any property of a third party caused by or arising

out of the use of the vehicle. Section 147 does not require an

Insurance Company to assume risk for death or bodily injury to

the owner of the vehicle.