1. In connection with the vehicular accident that occurred on 07.07.2001 involving two vehicles, viz. a Motor Cycle bearing registration No.GJ-2-P-5470 and a Rickshaw, in which the claimant sustained severe bodily injuries and later on filed an Application Exhibit-5 u/s.140 of the M.V. Act in M.A.C.P. No.1407/2001 before the Motor Accident Claims Tribunal [Aux.] [FTC-3], Mehsana. The said application came to be allowed by award dated 14.10.2008 whereby, the respondent-original claimant were awarded interim compensation of Rs.25,000/- along with interest at the rate of 7.3% per annum from the date of application till its realization. Against the said interim 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 appellant-Insurance Company to satisfy the interim 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 legal heirs of the owner of vehicle 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. Heard learned counsel for the appellant. Considering the facts of the case and the principle laid down in Dhanraj's case (supra), the owner of the vehicle cannot claim against the appellant-Insurance Company. Hence, the appellant-Insurance Company cannot be held liable to satisfy the award.
4. For the foregoing reasons, the appeal is allowed. The impugned award passed by the Tribunal is modified to the extent that the appellant-Insurance Company is exonerated from the liability of making payment of compensation. The amount deposited by the appellant-Insurance 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/ Top