NATIONAL INSURANCE CO. LTD. Vs. DHOLKIBEN

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act is at the instance of the National Insurance Company Limited and is directed against an award dated 2nd January 2006 passed by the Motor Accident Claims Tribunal, Fast Track Court, Godhra, in Motor Accident Claims Petition No.1941 of 1997, thereby awarding a sum of Rs.2,44,700/- with interest at the rate of 7.5% p.a. from the date of filing of the application till recovery with a further direction upon the insurance company to pay the amount and thereafter to recover the same by way of execution from the owner of the offending jeep.

(2.) Being dissatisfied, the insurance company has come up with the present appeal.

(3.) After hearing the learned counsel for the parties and after going through the materials on record, it appears that on 3rd November 1997 while the victim was travelling in a jeep, due to negligent driving of the driver of the jeep, he had been thrown out of the jeep and had fallen on the street resulting in his death. Consequently, a claim application was filed claiming total sum of Rs.5 Lac. The proceeding was contested by the insurance company, thereby alleging that the insurance coverage being restricted to third party liability, it was not liable to pay the compensation inasmuch as the victim was travelling in the jeep and had fallen down, therefore, he cannot be said to be a third party.