THE UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE BRANCH, HAVING ITS CODE NO. 230102 AT NAGPUR, THROUGH ITS REGIONAL MANAGER, REGIONAL OFFICE, SHANKAR NAGAR SQUARE, NAGPUR Vs. SMT. VANDANA WIDOW OF SHRIPAT SHENDE

JUDGEMENT

(1.) By this appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 [for short "the Act"], the appellant takes exception to the judgment of the Claims Tribunal dated 26th Aug., 2004 passed in Claim Petition No. 514 of 2002.

(2.) The brief facts of the case are that one Shripat was proceeding on a scooter as a pillion rider. This scooter was insured by respondent no.6 who was its owner with the appellant - Insurance Company. The scooter was being driven by the respondent no.5 when it met with an accident, resulting in fatal injuries to Shripat. On that basis, his legal heirs filed claim for compensation under Sec. 166 of the said Act. By the impugned order, the Claims Tribunal has awarded compensation of an amount of Rs.2,65,000-00 with a direction to the appellant to satisfy the Award and then recover this amount from the owner and driver of the vehicle.

(3.) Shri D. N. Kukday, learned counsel for the appellant, submitted that the Claims Tribunal was not justified in directing the appellant to first satisfy the Award and thereafter recover the same from the owner of the vehicle. According to him, the policy in question was an "Act policy" and the risk of the pillion rider was not covered.