MANAGING DIRECTOR, STATE EXPRESS TRANSPORT CORPORATION (TAMIL NADU DIVISION - 1) LTD Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal is focussed as against the Judgment and Decree dated 12.07.1999 passed in MCOP. No.222 1996 on the file of the learned Motor Accidents claims Tribunal cum Additional District Judge cum Chief Judicial Magistrate, pudukkottai.

(2.) A re'sume' of facts absolutely necessary for the disposal of these appeals would run thus: on 09.10.2004, in Thanjavur - Pudukkottai main road, it so happened that the bus belonging to the State Transport Corporation and a mini lorry belonging to the first respondent and the insured with the appellant in C. M. A. No.707 of 2000, the Oriental Insurance Company, proceeded in opposite directions and got collided with each other, which resulted in damage having been caused to the mini lorry and injury to several passengers in the bus and seven persons in the mini lorry. Consequent upon which several M. C. O. Ps, were filed. M. C. O. P. No.222 of 1996 was filed by the owner of the mini lorry claiming damages in respect of the damage caused to the mini lorry to the tune of Rs.1,87, 544/-; however the Tribunal awarded a sum of Rs.1,54,230/-, fixing the responsibility on the owners of both the vehicles.

(3.) Being aggrieved by and dissatisfied with, such awarding of compensation, the State Transport Corporation as well as the owner of the Mini lorry filed C. M. A. Nos.1922 of 1999 and 707 of 2000 respectively, on the main grounds as under: oblivious of the express provisions of Sec.165 of the Motor Vehicles act, the Tribunal assumed jurisdiction to itself and adjudicated the claim of the owner of the mini lorry; Sec.165 of the Act would contemplate that only third parties could claim damages sustained to their property and not the insured himself and the Tribunal is not the forum for it.