IFFCO-TOKIO GENERAL INS.CO Vs. GEETABEN

JUDGEMENT

(1.) This appeal is filed under Sec. 173 of the Motor Vehicle Act, 1988 by the IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED, assailing the judgment and award dtd. 23/7/2010, in MACP No.1253 of 2005, passed by the Claim Tribunal at Vadodara.

(2.) According to case of the respondents-claimants that on 20/6/2005, the deceased Nilesh Soni, met with an accident when the motorbike upon which he was riding dashed against the opposite truck involved in the alleged accident, as a result of which, the deceased was succumbed to his injuries. The respondents-claimants being legal heirs and representatives had filed a claim petition invoking Sec. 163A of the Motor Vehicle Act joining the driver, owner and insurance companies of both the vehicles. Learned Claim Tribunal vide its judgment and award dtd. 23/7/2010, awarded a sum of compensation of Rs.2,38,300.00 on the basis of structured formula with interest @ 7.5%, holding the appellant-insurance company as well as the insurance company of the truck liable to pay the said amount of compensation. The claimant Pinal Soni being an owner of the bike, was also joined as a party opponent in the claim petition. The bike was insured with present appellant insurance company.

(3.) On aforesaid factual premise, the appellant-insurance company being aggrieved with the judgment and award has preferred the present appeal on the legal ground that, the insured i.e. Pinal Soni being an owner of the bike, could not claim compensation from his own insurance company as he cannot be termed as third party.