NATIONAL INSURANCE COMPANY Vs. NARHARIBHAI BAKUBHAI AMIN

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of the Motor Vehicles Act, 1988, is preferred by the appellant - insurance company, being aggrieved and dissatisfied with the judgment and award dtd. 3/12/2011 passed by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad in Motor Accident Claim Petition No.370 of 2000, by which the Tribunal has awarded Rs.74,000.00 with 7.5% p.a. interest to the claimant, holding opponent Nos.1 to 3 liable, jointly and severally.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr. Dakshesh Mehta for the appellant - insurance company has submitted that the insurance company is not liable to pay any amount of compensation as the claimant was the occupant of the Maruti Car and in view of the settled position of law, the occupant of Maruti Car is not a third party within the meaning of the motor vehicle and just to cover the risk of occupant of the car, insured are required to pay additional amount. Further, he has submitted that the Tribunal has erred in considering the income of injured as Rs.4,000.00 p.m. Further, he has submitted that the Tribunal has not considered the law laid down in the cases of (i) Oriental Insurance Co. Ltd. Vs. Rajni Devi reported in (2008) 5 SCC 736 (ii) Dhanraj Vs. New India Assurance Co. Ltd. reported in (2004) 8 SCC 553 and therefore, he has prayed that this appeal may be allowed by exonerating the insurance company from its liability.