UNITED INDIA INSURANCE CO. LTD. Vs. FRANCES

JUDGEMENT

(1.) UNITED India Insurance Co. who is the respondent No. 2 in MVC No. 2654/2012 on the file of Civil Judge (Senior Judge), Khanapur & Addl. MACT at Khanapur dated 20.05.2009 preferred this appeal challenging the award on two counts. It is contended that the Tribunal has committed an error in failing to understand that as per Section 163A of the M.V. Act and only a victim of the accident is entitled to claim compensation and not the wrong doer himself. It is also contended that the Tribunal has committed a serious error in awarding compensation as if it is a claim petition u/S. 166 of M.V. Act instead of applying structural formula u/S. 163A of the M.V. Act read with Schedule -II.

(2.) I have heard the arguments of learned counsels for respective parties.

(3.) THOUGH the learned counsel Sri R.R. Mane at the initial stages pressed into service the first ground raised but subsequently the learned counsel has not seriously contested the said issue before this Court. Moreover, as could be seen from Sections 163 -A and also Sections 163 -A r/w Sec. 140 of the M.V. Act, if any accident takes place by using of two vehicles, both the owners of the vehicles and insured of the vehicles are jointly and severally liable to make payment. Therefore, deletion of the owner and the insurance company of the motorcycle in any manner does not affect the claim petition, however, in view of the joint and several liability as recognized under the statute under the above said provision, the second respondent will become liable to pay the compensation. Therefore, that ground is not available so far as the appellant is concerned.