NATIONAL INSURANCE CO. LTD Vs. BIMLA DEVI

JUDGEMENT

(1.) The present appeal arises out of a judgment dated 27.01.2006 passed by the Motor Accident Claims Tribunal (the learned Tribunal) in Suit No.66/04 preferred under Section 163A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') by the respondent Nos.1 to 6/claimants for the death of Parmanad, who died in a motor accident occurred on 29.12.2003.

(2.) Learned counsel appearing on behalf of the appellant/Insurance Company has submitted that the claim petition was filed under Section 163A of the Act, accordingly, the claim could be granted against the third party risk. Since the deceased was driving the TSR taken by him on hire from the owner/insured of the said TSR, therefore, the learned Tribunal has erred in granting the compensation in favour of the legal heirs of the deceased.

(3.) He further submitted that the testimony of the wife of the deceased proves that the said Auto was taken on rent at Rs.250/- per day, therefore, the deceased stepped into the shoes of the owner and as per Section 163-A of the Act, owner cannot be considered as a third party.