1. The appellant, original opponent no.l3, has preferred the present appeal against the judgment and award dated 30.07.2010 passed by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad in M.A.C.P. No.336/2007 whereby, respondent-original claimants were awarded total compensation of Rs.2,27,900/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs. The original opponents were jointly and severally held liable to make the aforesaid payment.
2. The respondent-original claimants had preferred the aforesaid claim petition in connection with the vehicular accident that took place on 19.09.2007 in which Jiviben Kantibhai Patel, wife of original applicant no.1, expired.
3. The main contention raised on behalf of the appellant-Insurance Company is that though the owner of the vehicle, original applicant no.1, who is the insured, was not a party to the claim petition, the Tribunal held the appellant-Insurance Company liable to satisfy the claim in utter disregard to the provisions of indemnity and contract of insurance.
4. Heard learned counsel for the respective parties. It appears from the record that original applicant no.1, who is the owner of the vehicle (motor-cycle bearing registration No. GJ-23-J-3506), was not joined as a party to the claim proceedings. A specific contention in that regard was also raised before the Tribunal by the appellant-Insurance Company but, the same was not appreciated in its proper perspective. In my considered opinion, the appellant-Insurance Company cannot be held held when the insured, original applicant no.1, has not been joined as a party. In such circumstance, the Tribunal ought to have exonerated the appellant- Insurance Company from the liability of satisfying the claim.
5. In the result, the appeal is allowed. The impugned award is modified to the extent that the appellant- Insurance Company is exonerated from the liability of satisfying the claim. The amount, if any, deposited by the appellant before the Tribunal in pursuance of the impugned award, shall be refunded but, if it has been withdrawn by the original claimants, then it shall be open to the appellant to recover the same from the owner of the vehicle, i.e. original applicant no.1. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*