ORIENTAL INSURANCE COMPANY LTD Vs. DEVANDAS CHANDIRAM KHATRI

JUDGEMENT

(1.) This first appeal has been filed by the appellant-original opponent No.2 - Insurance Company against the respondent Nos.1 to 3 original claimants and respondent No. 4 original opponent No.1 under Sec. 173 of the Motor Vehicles Act, ( ' The Act ', for short) against the judgment and award passed by learned M.A.C.Tribunal (Aux.) and Presiding Officer, Fast Track Court No. 10, Khdea @ Nadiad in Motor Accident Claim Petition No. 2002 of 2001 on 28/2/2007. The parties are hereinafter referred to as the claimants and the opponents as they stood in the original petition for the sake of convenience, clarity and brevity.

(2.) The brief facts that emerge from the record of the case are as under:-

(3.) The opponent No. 1, who is the owner of the scooter has appeared and filed the written statement at Exh: 37 and has contended that the vehicle is insured with the opponent No. 2 and the opponent No. 2- Insurance Company would be liable to to pay the compensation to the claimants. The opponent No. 2 Insurance Company appeared and filed its written statement at Exh; 36 and has denied all contents of claim petition and has stated that the risk of pillion rider is not covered and hence the claimants are not entitled to get any compensation from the Insurance Company.