1. In connection with the vehicular accident that occurred on 20.02.1998 involving two vehicles, viz. a Car bearing registration No.GJ1HH6660 and a Truck bearing registration No. GJ2T6181, in which respondent no. 1 Mukeshbhai Amrutlal Amin filed an application u/s.163A of the M.V. Act being M.A.C.P. No.41/1999 before the Motor Accident Claims Tribunal [Aux.], Ahmedabad. The said petition came to be partly allowed by award dated 30.06.2006 whereby, the respondent no. 1original claimant was awarded total compensation of Rs.2,80,000/ along with interest at the rate of 7.5% per annum from the date of application till its realization. Against the said award, the present appeal has been preferred.
2. It has been contended on behalf of appellant Insurance Company that the Tribunal erred in directing the appellantInsurance Company to satisfy the award. It has been submitted that u/s.147 of the M.V. Act, risk of insured, being the owner of the vehicle, is not covered under the Insurance Policy and therefore, the claimant cannot file claim petition against their own Insurance Company as the Insurance Company has indemnified the insured. Reliance has been placed on a decision of the Apex Court in the case of Dhanraj v. New India Assurance Co. Ltd., (2004) 8 S.C.C. 553.
3. The learned counsel for the respondent submitted that while admitting the appeal, this Court on 06.07.2007 had passed the following order :
1. The learned Counsel for the appellant declares before the Court that out of the awarded amount of Rs.2,80,000/ the appellant admits the liability of Rs.1,20,000/ with proportionate interest and the cost and the present appeal is only for that additional liability of Rs.1,60,000/ with the proportionate interest and the cost.
2. Admit.
3.1. He therefore, submitted that in view of the aforesaid order, the appeal is restricted to the extent of Rs.1,60,000/ only.
4. Heard learned counsel for the appellant. Considering the facts of the case and the principle laid down in Dhanraj's case (supra), the claimant cannot claim against the appellant Insurance Company. Hence, the appellantInsurance Company cannot be held liable to satisfy the award.
5. For the foregoing reasons, the appeal is allowed. The impugned award passed by the Tribunal is modified to the extent that the appellantInsurance Company is exonerated from the liability of making payment of compensation. The amount deposited by the appellantInsurance Company before the Tribunal, in pursuance of the impugned award, shall be refunded. It shall be open to the original claimants to recover the amount from the Insurance Company of the other vehicle. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly.
[K.S. JHAVERI, J.] /phalguni/