ORIENTAL INSURANCE CO LTD Vs. RAJNI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) Respondent filed an application under Section 163A of the Motor Vehicles Act, 1988 (the Act) claiming compensation for death of one Janak Raj (the deceased). He was riding on a motorcycle along with one Sukhdev Raj. Who was actually on the drivers seat is not known. The motorcycle is said to have gone out of control resulting in the accident.

(3.) Appellant herein, having been issued notice, resisted the claim, inter alia, contending that although the owner of the vehicle deposited an extra amount of Rs. 50 covering his personal insurance, the same would not cover the case of the pillion rider and in any event, the owner of the vehicle is not a third party within the meaning of Section 147 of the Act. The Motor Vehicles Accident Claims Tribunal, having regard to the pleadings of the parties, framed the following issues: